The Assault on Free Speech, Public Assembly, and Dissent

A National Lawyers Guild Report 27
In May 2003, before the World Agricultural Forum was to convene
in St. Louis, local police detained a number of people in a sweep of
at least three buildings said to be used by protesters. In at least some
cases officers were accompanied by building inspectors who checked
for occupancy permits and building-code compliance. Police chief
Joe Mokwa promised an explanation in a press conference. One
police source said that about 15 people from various locations were
in custody. 54 Friends of one woman who was arrested said police had
stopped the van she was riding in and confiscated pills in an
unmarked container that she explained were vitamins. An occupant
of the van said that plainclothes officers had videotaped them. People
who identified themselves as protesters said police had been stopping
them in recent days for riding bicycles without helmets or driving
vehicles with burned-out lights.
At the November 2003 FTAA demonstrations in Miami, the Lake
Worth Police Department (LWPD) and the Lake Worth Fire
Prevention Bureau engaged in unlawful actions against Lake Worth
Global Justice (LWGJ) members and volunteers in violation of their
constitutional rights for over a month following the LWGJ’s move
into a warehouse, according to LWGJ’s attorneys. LWGJ is an
incorporated, nonprofit, grassroots social-justice organization that
participated in several marches, rallies, and other First Amendment
activities. <strong>The</strong> group’s members constructed large puppets to use as a
form of political expression during the protests. Similar puppets have
been created and used in expressive activities at demonstrations
throughout the United States. <strong>The</strong>re is no evidence that they have
ever been used in anything other than lawful activities.
Over a four-week period in October and November 2003, the LWPD
and the Fire Prevention Bureau conducted numerous unlawful
actions involving LWGJ members and volunteers, including
subjecting them to an unlawful inspection and search for alleged firecode
violations; conducting surveillance; and carrying out police
stops and detentions without reasonable suspicion. In LWGJ’s view
these acts of intimidation were intended to have a chilling effect
upon the constitutional rights of LWGJ members, volunteers, and
supporters. A letter dated November 13, 2003 was sent to Lake
Worth city attorney Larry Karns demanding an end to these
unconstitutional practices.
On October 13, 2003, fire captain Mark Carsillo of the Fire
Prevention Bureau demanded to conduct an administrative inspection