Constitutional Law, Criminal law, Free Speech

Pelosi Calls For Permit To Be Revoked For Rally Of Pro-Trump Prayer Group In San Francisco

220px-nancy_pelosiHouse Democratic Leader Nancy Pelosi has always displayed a rather fluid view of constitutional rights (though in fairness, that is not a major distinction from other politicians).  However, this week Pelosi appeared to embrace content based discrimination in the area of free speech.  Pelosi is demanding that the National Park Service reconsider a permit for what she called a “white supremacist rally” in San Francisco.  In light of the violence in Charlottesville, Pelosi insists that “The NPS should reevaluate its decision and its capacity to protect the public during such a toxic rally.” The problem is leaving it to the government to declare what groups are toxic from Pelosi’s list of constructive banned viewpoints.  I felt ill watching the torch march of neo-Nazis in Charlottesville as white supremacists yelled disgusting anti-Semitic and racist chants.  It reminded me of the Nazi rallies before World War II — before my father and so many others went off to fight fascism.  However, despite that revulsion, I remain committed to the right of everyone to speak and protest regardless of the content of their views.

The San Francisco Examiner reports that the rally by the pro-Trump group Patriot Prayer is slated for Aug. 26 at San Francisco’s Crissy Field.  The Golden Gate National Recreation Area includes parkland available to groups.  Patriot Prayer obtained proper permits.

Pelosi is suggesting that the group should be denied a permit affordable to other groups based on their beliefs.  That is the definition of government regulation of speech.  Regardless of whether counter-demonstrators are drawn to the event, the group has a right to associate and to demonstrate.  Anyone who engages in unlawful conduct on either side is subject to arrest.

As is so often case, Pelosi couched her remarks in an expressed fealty to free speech: “San Francisco takes great pride in being a city of peace which cherishes free speech and the right to public dissent.” Then comes that predictable “but” to not just qualify but nullify first amendment protections: “However, the National Park Service’s decision to permit a white supremacist rally at Crissy Field raises grave and ongoing concerns about public safety.”  What does that mean?  Does “concerns” over what might happen now justify a denial of the right to speak in public forums?

If that were the measure, no one could obtain a permit if they were widely unpopular.  This approach has virtually banned some conservative speakers from colleges (as we discussed with regard to schools like DePaul in Chicago). Pelosi’s position would allow the government to bar groups on the basis that they present a public danger due to the expectation of counter-protesters.  That would be a serious blow to free speech in this country.  As I discuss in my recent Hill column, the first amendment generally views both sides as exercising free speech regardless of the content of their views.  For that reason, the courts have largely rejected content-based government action as opposed to prosecution for specific criminal acts like property damage.

138 thoughts on “Pelosi Calls For Permit To Be Revoked For Rally Of Pro-Trump Prayer Group In San Francisco”

  1. Pelosi makes a very strong case for firing the local police force and government administrators. She’s saying you have a right to protest and others have the right to counter-protest, but we’ve no idea how to make the environment secure for you to do so. That’s their effing job! So again, the government is incompetent, therefore let’s strip the people of their rights to compensate for it. Brilliant!

    This story should remind everyone how the IRS was used to shut down speech of those the government wanted silenced.

    1. The government is not incompetent. The government of Charottesville and the government of Virginia were negligent for a purpose.

  2. At least Pelosi is consistent, look how she denounced those black bloc thugs destroying Berkeley and refusing to let a conservative speak. Oh That’s Right She Didn’t.

  3. “Pelosi’s position would allow the government to bar groups on the basis that they present a public danger due to the expectation of counter-protesters”

    Is that what she said? Or was this assumed to be the reason? Perhaps it was because this particular group “prays” while being well armed and easily provoked just by the appearance of those who object to the violent speech and actions.

    The permit should not be revoked, but the park should have security that makes it clear that no weapons are allowed. That should be enforced for those “praying” and for those protesting whatever their views.

    In Charlottesville, according to the police, there was a plan, worked out with the Nazis/white supremacists, that they would enter the park at one entrance so the two groups could be kept apart. Although the group agreed, they didn’t execute that way and entered the park from all directions.

    We fought the Nazis once in a bloody war in Europe and Africa. Now we are fighting them here with their leadership in the WH.

    2. Now we are fighting them here with their leadership in the WH.

      You managed to write 5 paragraphs using whole words and then you could not muster up the courage to write White House in your attempt to call this President a Nazi. Did you eat paint chips as a child?

  4. Speaking of “masked cowards” — would a law that forbids demonstrators from wearing masks cause JT’s head to explode?

  5. California needs to secede from the United States. With all the sanctuary cities and whatnot and nuts like Pelosi, we just dont need them in our Union. We need a more perfect union. 49 is better than fifty.

    1. California contributes to national GDP, providing more income to the government than they receive, whereas many states in the Deep South take more from the federal government than they pay in. It’s puzzling that the red states elect politicians who, working for oligarchs, plot to deny the states’ citizens the help they want and need.
      I thank Calf. for remaining in the union-but, let’s take a second look at Miss. and Ala. unless they start voting blue.

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  7. Pelosi does more harm these days than good. It’s time for her to retire and leave the scene. Of course there are no Republican leaders that need to go, nah. We need a little balance here Turley. This is just another one of your pathetic bones you throw the right from time to time. They do, however, relish these bones and snap them up.

    1. issac – Arizona may lose 2 Republican Senators in the next 2 years. Jeffy Flake may not make it past the primary and the Democrats are pouring a lot of money into the state. McCain may not live to see Flake lose.

      I would be happy to see the Republican leadership of both Houses replaced. They are ineffective.

      1. Aside from the inherent problems with the American system, the oligarchy, the old guard needs to be shuttled out on golf carts or however. “Democrats are pouring a lot of money into the state.” Your statement illustrates to perfection the problem with America; it is for sale. America is a failed democracy. Regardless of the achievements of our peer nations, they are true democracies as their democracies are fortified against the oligarchs: no oligarch money allowed, only public media used to present issues and positions, kind of forces the candidates to focus on the issues and forces the public to educated themselves. A democracy is only as good as how well informed the voter is. In America it is and ideological circus as was seen recently and is seen continually in the White House. Trump isn’t even ideological. He is simply a megalomaniac that has next to no idea what he is doing. Our system, this mindless oligarchy, put him there. Our oligarchy gave us the alternative, just one, Clinton. What more do Americans need before they understand that the system has to change. The system is designed to fail as a democracy and maintain the status quo. Interesting how we have designed for ourselves the very structure we fought against in 1776.

  8. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; ***or the right of the people peaceably to assemble***, and to petition the Government for a redress of grievances.”

    That a permit is required suggests this fundamental and constitutionally-enumerated right can be infringed upon at will. This is unneutered bovine excrement at its finest.

  9. “In light of the violence in Charlottesville, Pelosi insists that “The NPS should reevaluate its decision and its capacity to protect the public during such a toxic rally.”
    ~+~

    Let’s look at the argument under her line of thinking. If the park service should deny permits as a result of this nebulous claim that it becomes a toxic rally, and implies that violence could be the result than it seems reasonable that Congress and the President should be banned from speech rallies in national parks.

    How many hundreds of thousands of people were killed as a direct result of policy established and havoc cried from politicians. Who are the worst killers, Could it be those who send militaries out to prosecute elective wars? Muzzling Congress certainly will save more lives than trampling the free speech rights of someone waving a confederate battle flag or wearing a white bed sheet over their head.

    But as long as the political class believes they are not subject to the law, only ordinary citizens are the ones who suffer consequences in the nullification of their liberty.

    I agree with another commenter here, Ms. Pelosi is best ignored. Fools and their barkings are impossible to debate with, so we should just save ourselves from the aggravation of attempting a well founded rebuttal.

    1. Way to say it Darren. I might add this is actually the intended result of the actions in Charlottesville. They presented the case, now they will “slide in” this new government control. I agree, the best thing we can do in the short term is to give the government the rest of the year off.

    2. She may be best ignored. Here’s your problem: her mentality is perfectly normal within the Democratic Party and the social nexus from which that party is drawn. That’s what the pols, the lawyers, the school administrators think. They cannot process dissent of any sort and play these games because they fancy they’re in some sort of tutelary relationship with the rest of society. You can ignore Pelosi. The thing is, as long as crooks like Terry McAuliffe occupy executive positions, you will get fiascos like we’ve seen in Chartlottesville this week.

    3. Opposition group with a history of violence ATTACKS a peaceful rally.

      Why did the police not stop the violent attack of a peaceful rally?

      Did the group conducting a peaceful rally confront, provoke and then attack itself?

    1. Wait let me recall that message instead of beaing reasonable….that to fight you have to have some one to fight with
      ..and a land mark case on free speech pelosi and her lacky hold overs will twist it into a ” threat” because I am so scarey. See my tatoo. Boo!

      1. jae – I hope you did not spell it tatoo on your arm. 🙂 That would be scary.

  11. Is no one in DC familiar with the Skokie, IL case? I’m a black man living in the South but I don’t fear the Klan half as much as I do the current trend. The attempt to squash dissent by sending violent “counter protesters” to disrupt the unpopular speech of others, then using public safety as justification for stopping further speech is anathema to a free country.
    If this goes unchecked, what happens when my opinions are deemed “extremist”? This is the gateway to state controlled speech.
    I suspect that this is the objective of the Left; yet too many legal scholars stand mute.

    2. ti317 – a black TV commentator has already called a black Congressman an “Uncle Tom” for not going along with the program. He was not reprimanded on air for his remark. ESPN is doing its best to undermine the sports community. We are now supposed to “understand” these millionaires when they won’t stand for the playing of the National Anthem. I am not sure what anthem they would stand for and they seem to have problems articulating their needs other than slavery and reparations.

      The best I can suggest is define your circle of trusted friends and stick with them. Don’t add or subtract anyone until this mess is over. I have also learned not to talk American politics in public or with my siblings. 🙂

      1. I guess being looked at like you’re crazy every time you prattled about conspiracies or the buffoonish grifter currently in the White House would make someone cease and desist with political talk. It’s the old “when you’re in a hole stop digging” maxim in play. Good show.

        This is to “finally figured it out” pauli

        1. Mark M – you are clearly the village idiot with your supposed clever comments before everyone’s name. We are supposed to be amused by how clever you are. However, you are just another progressive twit with too much time on his hands.

          1. Mark M – you call me anything but Paul or Paul Schulte again and I will voxx you and make your life a hell you didn’t even know could exist.

    3. Well said! The government is using these stick-wielding masked cowards to push forward their agenda of control. The silly left doesn’t deserve freedom–the can’t even pull up their big boy pants long enough to deal with free speech that may be offensive to them. They lash out like infants, and thus are the perfect tool for ushering in more controls. Not to mention how empowering this is to a whole “fringe” population who may turn to the Klan as they are being rejected at all levels of government and media–becoming more radicalized along the way. It wasn’t too long ago when these racists groups were an “oddity” or “curiosity,” but they are now becoming a safe haven for those feeling oppressed. Once again, falling right into the plan.

    4. ti317, GREAT comment. PLEASE keep commenting and I suggest an easier moniker for us to remember.

  12. Ladies, Gentlemen. It’s a pleasure knowing all of you. Nothing needs to be said except did you notice both sides in last weeks fiasco came from the same ideology Pelosi rrepresents? Just wanted to stress that point. Along with those who destroy peaceful assembly and with it free speech are somehow being let go unpunished.

  15. What a load of 💩​0la If this were the group for BLM, AntiFa or any other Dem/Leftist she would never, never take this stand, CA welcomed Oakland, Berkley, Costa Mesa.

  16. The Kommunists of Kalifornia will never fire this dried up old prune, who managed to marry well, and is the 13th richest member of Kongress, at last tally.

  17. Unequivocal.

    Immutable.

    1st Amendment

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

  18. Apparently Pelosi’s fondness of “the Word ” involves only the words of her evil ideology of hate and dependence on government for your entire life as long as you vote for her ilk. Figures

  19. “Pelosi’s position would allow the government to bar groups on the basis that they present a public danger due to the expectation of counter-protesters.”

    Gee, isn’t that convenient! The Libs set the SJW/Antifa types loose with a wink and a nod, and then use them as an excuse to shut down conservative/right wing speech.

    That’s just like the Protection Racket. Uh, you pay us insurance so we don’t burn down your restaurant. The Democrats are determined that no voice will be heard but theirs. And to think supposedly intelligent Americans still vote for them.

    Squeeky Fromm
    Girl Reporter

    1. I never have to say anything after reading your comments..once again, you nailed it.

      1. Yeah, Gavin McInniss is pretty darn scary! Maybe it’s his beard???

        I hope Jeff Sessions has the cojones to go after these Antifa neo-fascists for civil rights violations.

        Squeeky Fromm
        Girl Reporter

        1. SFGR, also add in the domestic survilence the Feds are undertaking with these groups and their clashes makes the government’s role more and more compolicit for just sitting back and watching all for the sake of human assets while people get hurt.Wonder how many undercover FBI agents were there to rally the troops into a frenzy? Then of course just as you suggest here comes Nancy Pelosi to limit speech.It’s all about protecting their own asses, she could care less about the average Joe except when she needs to raise money.She was ranking member on the House Intelligence comittee before she became minority leader she knows what’s going on.Shame on her. She is pathetic.

          1. Oligarchy replacing government of the people, by the people and for the people –
            ” The Arnold Foundation (Enron and hedge funds) partners with the Pew Trusts on various projects …including a project to research and enhance community supervision systems and electronic monitoring.”
            Arnold funded aerial surveillance in Baltimore. The Baltimore Sun reported last year that elected community leaders had no knowledge about the plan or its execution until reports by the press surfaced.
            Without government and media, who protects citizens from the oligarchy?

          1. Ken – I march alone. And I not only march to the tune of my own drummer, I have a whole band.

  20. If she were not from CA Nancy Pelosi would have been impeached years ago. She is a disgrace to the DNC and humanity.

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