What are the ultimate principles behind issuing a permit? To grant privileges to individuals that would otherwise be turned away if certain qualifications weren’t met. What is the purpose of a rally or demonstration? To further advocate a cause that otherwise isn’t being addressed. What is the overarching reason behind Gov. Scott Walker’s updated facilities policy? Take one guess.
On Dec. 1, regulations requiring four or more people to obtain a permit prior to an event, demonstration or rally in or around the Capitol went into effect. Under the new policies, individuals attempting to exercise their First Amendment rights to assemble are now not only required to notify the Department of Administration at least three days beforehand but, are also expected to set aside $50 per hour for each police officer the DOA feels it necessary to be at the event and, in some cases, obtain liability insurance that often poses problematic when dealing with private firms. Yup, the government is essentially asking people to pay to protest and, in return, provoking more protests against paying to protest.
Last March, tens of thousands of individuals stormed the Capitol to cry foul at Walker’s union crushing budget repair bill. They marched, they sang, they decorated the Capitol in public worker sentiment that will forever leave a mark in Wisconsin history.
During this period, officials began drafting a new policy, for no other reason than keep such a magnifying voice against Walker out—giving credence to the idea that Walker’s ultimate goal in requiring Capitol permits is to curb demonstrations against the current administration. The fact that these policies were instigated by Wisconsin’s passionate response to the budget repair bill only furthers this editorial board’s conviction that the Walker administration believed tens of thousands of Wisconsinites should have handed over money in the fight for their rights.
To put it formulaically: Walker implements policy. A massive portion of Wisconsin protests that policy. Walker schemes up plan to force said protestors into paying for demonstrations that he ignited—silencing those who can’t pay and transferring that voice to policies that scream, “You can disagree with me, but you have to pay to show it!”
On top of the obvious origin behind these policies is the fact that they’re over-the-top, “are you kidding me?” unconstitutional. Requiring individuals to ask permission and pay the government to protest ultimately disenfranchises organizations and interest groups with limited access to monetary resources and gives too much discretion to the government itself. These regulations have the potential to deter small-scale causes from rallying because the DOA could charge the group for a police presence that wasn’t even all that necessary. Ultimately, deciding who has the right to protest through a permit system gives the government the authority to lay a political smack down on rallies that pose a threat to the administration.
Sound like a familiar situation in Wisconsin?
Allowing the Department of Administration the authority to decide whether police services are required, whether clean-up costs are incurred and whether or not an organization has the right to utilize the Capitol as proper protest grounds runs the risk of extreme discrimination against Wisconsin voices and perspectives.
Any barrier between an individual and their right to assemble is an obstruction of the First Amendment. To be fair, Walker isn’t outright saying he intends to take away First- Amendment rights from those protesting against him, but then again nowhere in this editorial will you find a direct accusation that he is guilty of this either. In both cases, you just have to read between the lines.
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