Federal Court Upholds Exclusion Of Denver Residents From Bush Speech Based On Political Expression (11/7/2008)
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DENVER – In a blow to free speech, a federal district court judge found that
no constitutional rights were violated when Leslie Weise and Alex Young were
ejected from one of President Bush's speeches in Denver in March 2005. The
lawsuit, brought by the American Civil Liberties Union and the ACLU of Colorado,
charged that Weise and Young, two of the so-called "Denver 3," were ejected
simply because they arrived at the event in a car with the bumper sticker
reading "No More Blood For Oil."
The following can be attributed to Chris Hansen, staff attorney with the ACLU
First Amendment Working Group and lead attorney on the case:
"We believe the court's ruling overlooked the fact that our clients were
excluded from a government event that was open to the general public. The notion
that the president can exclude anyone he chooses from such an event just because
he disagrees with their point of view is inconsistent with the First Amendment.
People who disagree with the president have as much right to listen to him speak
as his supporters. Handpicking which Americans are allowed entry to public
events is unconstitutional and goes against everything this country is supposed
to stand for."
Chief Judge Wiley Y. Daniel of the U.S. District Court for the District of
Colorado dismissed the case, Weise v. Casper, concluding that the constitutional
rights of Weise and Young were not violated when they were removed from the
event. The ACLU is considering an appeal of the decision.
In addition to Hansen, lawyers on the case are Mark Silverstein, Legal
Director of the ACLU of Colorado; Catherine Crump of the national ACLU; and ACLU
cooperating attorneys Martha Tierney and Jeremy Ramp of Denver-based law firm
Kelly Haglund Garnsey & Kahn.
More information about the ACLU's case is available online at: www.aclu.org/freespeech/protest/protest_president.html
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