Rightful decision Free speech vs. county policy We could use more cops like Central Bucks Regional Police Sgt. Lance Carlen. In fact, we could use more cops like Carlen and his boss, Chief James Donnelly in the government. We’re thinking county government. And here’s why. When Carlen was summoned to the county courthouse in Doylestown last week to remove a couple of stubborn activists from the sidewalk, Carlen didn’t show up club in hand. He showed up hand extended and politely greeted activists James Babb and Andrew Rumbold. After a brief and uneventful discussion, which was captured on video, Carlen left. And the activists, who were handing out leaflets about the rights of jurors prior to Carlen’s arrival, remained at their public post — fliers in hand, rights intact. Questioned by our county reporter about Carlens action, this is what Chief Donnelly said: “Clearly, the public sidewalk is public property. County policy does not trump the U.S. Constitution.” Amen! The policy to which Donnelly referred had been recited by Bucks County Security Director Christopher Daley for the activists’ benefit and coincided with a threat to call police if the two didn’t play by the rule. And the rule, according to county policy, is that demonstrators and the like are to conduct their business at the corner of Court and Main streets, about a two-minute walk from the main courthouse entrance. In other words, pretty much out of the flow of courthouse foot traffic. And likely out of the view and minds of anybody entering or exiting the courthouse, including county officials whose offices can mostly be found in the courthouse. So if the point of a demonstration — or, in this case, leaflet dispersal — is to garner attention and get people thinking about whatever cause the activists are behind, the county-mandated site for that activity is counterproductive to the cause. Maybe officials didn’t have that in mind when they banished activism to an off-site location. But we suspect they did. Either way, Sgt. Carlen, in our view, was correct in allowing the activists to remain on the “public sidewalk.” And county officials are correct in their decision to now review the policy. We believe the outcome of that review should be a change in policy, a change that won’t infringe on the First Amendment right to free speech, as the current policy does. Look, we get the concerns about security. Everybody does. We live in a world brimming with danger. And it is not uncommon to overreach in trying to cope with that danger. The policy banning free speech from the “public sidewalk on public property,” as Chief Donnelly put it, is a clear example of overreach. It is now up to county officials to rein it in. As they review the policy, we encourage them to do so with a copy of the U.S. Constitution in hand. If they don’t have one, they might want to call a certain local police chief. He seems to know it pretty well.
Posted on: Thu, 16 Oct 2014 13:14:40 +0000
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