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DAVID A. CLARKE SCHOOL OF LAW University of the District of Columbia SYMPOSIUM In the Aftermath of September 11: Defending Civil Liberties in the Nation's Capital November 21, 2003
THE POLICING OF DEMONSTRATIONS IN THE NATION'S CAPITAL: LEGISLATIVE AND JUDICIAL CORRECTIONS OF A POLICE DEPARTMENT'S MISCONCEPTION OF MISSION AND FAILURE OF LEADERSHIP Ralph Temple* Congress shall make no law . .. abridging . .. the right of the people peaceably to assemble, and to petition the government for a redress of grievances. United States Constitution, First Amendment I do solemnly swear . .. that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same . .. So help me God. Oath of Office, D.C. Chief of Police Ain't it a thing of beauty to see our folks up there ready to go. D.C. Chief of Police Charles H. Ramsey, admiring columns of his officers on September 27, 2002, as they prepared to arrest four hundred peaceful protesters and bystanders they had herded into Pershing Park. The Washington Post, Sept. 28, 2002, at B-4, col. 6. INTRODUcnON 1 In January 2005 two historic reform measures were imposed on the Metropolitan Police Department of the District of Columbia to eliminate abuses of the First Amendment rights of demonstrators in the nation's capital that had persisted for almost four decades. The first, on January 24, 2005, was the consent order in an * Ralph Temple, a Washington D.C. trial lawyer, served as legal director of the American Civil Liberties Union of the National Capital Area from 1966 to 1980, and taught at the law schools of Harvard University (1958-59), George Washington University (1959-62), Georgetown University (1975), and Howard University(1969-70). Professor Will McLain of the University of the District of Columbia David A. Clarke School of <strong>Law</strong>, Arthur Spitzer, Legal Director of the American Civil Liberties Union of the National Capital Area, and Henry Gassner, Editor-in-Chief, <strong>UDC</strong>lDCSL L. Rev., made substantial contributions of research and editing to this article. 1 An earlier version of this article was presented in December 2003, as a report of the American Civil Liberties Union of the National Capital Area, at hearings of the Judiciary Committee of the District of Columbia Council. Many of the recommendations of that report were incorporated in the First Amendment Rights and Police Standards Act of 2004, enacted by the D.C. Council on Jan. 26, 2005, which is discussed in Part IV of this article and included as an appendix.
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