For years, Madison has been a hotbed of political activity on both sides of the aisle. With Wisconsin state politics often being controversial, and often leading to mass protests within the city of Madison, Gov. Scott Walker has passed an ordinance requiring any group of four or more to obtain a permit for protest within the Capitol building that comes with a 72-hour waiting period before that protest takes place.
Last week, UW-Madison associate professor Michael Kissick filed a lawsuit against the state of Wisconsin seeking to eliminate the necessary permit application and the unwarranted arrests associated with the protests, and is being represented by the American Civil Liberties Union of Wisconsin. Kissick stated, “I resent being treated as criminal for speaking freely in a public forum. This country was founded on dissent, so I view myself as a proud American exercising my rights to engage in the most protected of all speech.”
This editorial board believes the ordinance is harmful to the individual rights of citizens to gather and protest, as permits can be denied for reasons unknown, and the 72-hour waiting period denies citizens the right to directly react to the actions of their government.
For example, each day at noon, a group of individuals who call themselves the Solidarity Singers gather in the rotunda and respectfully dissent the policies enacted by Gov. Scott Walker. These simple sing-alongs are nowhere near disruptive to the political process, and their presence is their constitutional right. The majority of state offices within the building are located nowhere near the rotunda, therefore lowering the chances of a personal issue between individual state workers and protesters.
Permits for protest have been deemed constitutional by state and federal courts alike.
However, we feel that it is the responsibility of the citizenry to actively participate in the political process, and to dissent against a government that is not acting in their best interests. We understand certain concerns of those backing the ordinance. Protesters must be held accountable for damages rendered to the building, and safety is an important aspect to any gathering of people. Workers in the Capitol should maintain the right to expel protesters who are committing illegal activities such as drug use, violence or graffiti. It is understandable that government officials do not want the likes of a Neo-Nazi or Ku Klux Klan rally within the building, but regardless of the ideology of the protesting group, their right to free speech stands.
The Capitol building is the center for action within the state. It is the place wherein decisions, laws and budgets are made. It is also the center of gravity for Wisconsin citizens who feel as if they are not being fairly represented by their politicians will logically gather to have their voices heard. If state politicians make a decision that is highly controversial and contested by a large percentage of the population, requiring a permit to dissent this decision amidst its discourse costs voters time they do not have. A bad law could easily be passed within 72 hours. Requiring the lapse of this time period is an indirect way of suppressing the efforts for democratic discourse from the citizenry.
The First Amendment is bigger than any policy Gov. Scott Walker wants to instate. Naturally, there will always be tension between radicals and politicians. But by limiting the radicals’ rights, the politicians are only fueling the fire.
Questions or comments? Do you think your rights are being violated? Please send all feedback to opinion@dailycardinal.com.
