ACLU -The Trump administration proposes to dramatically limit the right to demonstrate near the White House and on the National Mall, including in ways that would violate court orders that have stood for decades. The proposal would close 80 percent of the White House sidewalk, put new limits on spontaneous demonstrations, and open the door to charging fees for protesting.
Fee requirements could make mass protests like Martin Luther King Jr.’s historic 1963 March on Washington and its “I have a dream” speech too expensive to happen.
The public has until October 15 to comment on the plans, and on Monday, we submitted our formal written comment explaining why the planned changes are unconstitutional.
In 1967, in the middle of the Vietnam War, the federal government tried to impose severe limits on protests near the White House. The ACLU of the District of Columbia sued, and after years of litigation, the courts rebuffed the government’s effort and reminded the National Park Service, which administers these areas, that Lafayette Park is not Yellowstone and that the White House area and the National Mall “constitute a unique [site] for the exercise of First Amendment rights.” Under court orders, the park service issued regulations allowing large demonstrations, guaranteeing quick action on applications for permits, and accommodating spontaneous protests as much as possible.
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