Federal judge blocks anti-war march near U.N.

By The Associated Press

02.11.03

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NEW YORK — Citing "this time of heightened security," a federal judge ruled yesterday that the city did not violate the First Amendment when it banned anti-war demonstrators from marching near the United Nations on Feb. 15.

U.S. District Judge Barbara S. Jones said the demonstrators' First Amendment rights were not violated by the city's decision to confine the protest to a plaza near the U.N. complex. She said the city's need to protect the public outweighs the right of demonstrators to proceed with plans to march past the U.N. or to march at all.

"While the court recognizes the distinct importance of marching, the city's restriction on marching is not a restriction on pure speech, but rather a restriction on the manner in which plaintiff may communicate its message," Jones wrote.

The ruling resulted from a lawsuit brought by United for Peace and Justice, a coalition of anti-war groups sponsoring rallies throughout the world on Feb. 15.

Chris Dunn, a staff attorney with the New York Civil Liberties Union, said the ruling was appealed yesterday afternoon to the 2nd U.S. Circuit Court of Appeals, which might hear the case today or tomorrow.

Archbishop Desmond Tutu, who is scheduled to speak at the rally, told a news conference by speaker phone from Jacksonville, Fla., yesterday that he was "quite shocked to hear that the city of New York could take this kind of action."

"I really cannot believe that a major city in the leading democracy in the world can refuse people this particular right," he added.

Rally organizer Leslie Cagan called the judge's decision "yet another example of the damage that is being done to our constitutional democracy in a post 9-11 environment."

"We are far from over with the struggle for our right to march," she said.

Jeffrey D. Friedlander, a city attorney, said the city was pleased with the ruling.

He pledged to "continue to work with the organizers so their voices can be heard consistent with the First Amendment and the interests and safety of the city."

In her ruling, Jones noted that the United Nations was "uniquely sensitive among locations in New York City because of its function, our country's treaty obligations and its history as a terrorist target."

She said that since the Sept. 11, 2001, terrorist attack, the city has banned all demonstrations, parades or other public events in front of the United Nations.

"This policy is all-inclusive, makes no reference to the content of the regulated speech and does not distinguish between event organizers or their views," she said.

Jones also agreed with the city's argument that the march is expected to be too large for the police department to secure the safety of the landmark.

Saying that police concerns about security threats were "far from theoretical," the judge noted that the U.N. was among five landmarks targeted by terrorists in a failed plot in 1993. A dozen men were convicted and sentenced to lengthy prison terms.

The judge also cited an attack in October by a lone gunman who jumped over an iron gate and fired seven gunshots, breaking windows on the 18th and 19th floors.

The city rejected the parade permit because police could not assure public safety for up to 100,000 people without better information from organizers, city lawyer Rachel Goldman argued in court last week.

"The First Amendment right is not absolute. The plaintiffs do not have a right to march or protest any way they want, wherever they want and how they want," Goldman said. "We don't have a general ban against protest marches in the city of New York."

NYCLU attorney Dunn argued that the city was using "a theoretical possibility something terrible is going to happen to cancel the right of people to participate in peaceful protest."

He accused the city of quietly adopting a blanket policy of refusing parade permits for certain parts of Manhattan.

Previous

Anti-war group sues NYC for refusing to allow protest march
Federal lawsuit accuses city of violating First Amendment by not granting permit for parade past United Nations.  02.05.03

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