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The Assault on Free Speech, Public Assembly, and Dissent

The Assault on Free Speech, Public Assembly, and Dissent

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A Nati<strong>on</strong>al Lawyers Guild Report 11<br />

out why their names are <strong>on</strong> a “no fly” list intended to stop suspected<br />

terrorists from boarding planes; federal <strong>and</strong> local authorities in<br />

Denver <strong>and</strong> Fresno have spied <strong>on</strong> antiwar dem<strong>on</strong>strators <strong>and</strong><br />

infiltrated planning meetings; <strong>and</strong> the New York Police Department<br />

questi<strong>on</strong>ed many arrestees at dem<strong>on</strong>strati<strong>on</strong>s about their political<br />

affiliati<strong>on</strong>s <strong>and</strong> their opini<strong>on</strong>s <strong>on</strong> the war in Iraq. In additi<strong>on</strong>, the<br />

government issued subpoenas for the records of the Nati<strong>on</strong>al<br />

Lawyers Guild’s Drake University chapter <strong>and</strong> to compel antiwar<br />

activists to appear before a gr<strong>and</strong> jury m<strong>on</strong>ths after they attended a<br />

Guild-sp<strong>on</strong>sored antiwar c<strong>on</strong>ference <strong>on</strong> the university’s campus in<br />

2003.<br />

An overarching c<strong>on</strong>sequence of the government’s accelerated<br />

suppressi<strong>on</strong> of free expressi<strong>on</strong> <strong>and</strong> its failure to prosecute police<br />

departments for aggressive <strong>and</strong> unlawful c<strong>on</strong>duct is that individuals<br />

are intimidated from voicing their views. Would-be protesters or<br />

communities frequently targeted by the police, many of whom are<br />

thinking about exercising their First Amendment rights publicly for<br />

the first time, may decide that it is not worth the risk of encountering<br />

police violence <strong>and</strong> possible arrest. This is particularly true in the<br />

case of individuals who have police records or who have c<strong>on</strong>cerns<br />

about their immigrati<strong>on</strong> status.

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