St. Paul, Minn. - The American Civil Liberties Union of Minnesota sent a letter to Hennepin County today asking them to rescind the new restrictions they placed on the OccupyMN protests that are currently occurring on the Hennepin County Government Center Plaza. The ACLU-MN believes the new restrictions violate the First Amendment.
The new restrictions include:
- Barring protestors from sleeping overnight on the plaza with the first prediction of snowfall or temperatures below 25 degrees
- Consolidation of their possessions
- Prohibition of unattended items on the plaza
- Placement and affixation of signs
In their letter, the ACLU-MN explains that the First Amendment presumptively protects all forms of expression against governmental interference and restraint. These new rules appear to be ad-hoc that have not been previously applied and were adopted specifically in response to the OccupyMN protest. Any restrictions placed on the exercise of the First Amendment must be narrow, objective and definite. Otherwise, the restrictions amount to suppression of speech and censorship. Furthermore, because these rules are not based on any existing laws or ordinances, the ACLU-MN believes that they would be held unconstitutional because they have been applied only to OccupyMN without any pre-existing standards to guide county officials.
"We are troubled by the new restrictions that Hennepin County is imposing," stated Charles Samuelson, "Hennepin County is placing unfair restrictions on OccupyMN in an effort to silence their voice."
The ACLU-MN does not currently represent OccupyMN. Founded in 1952, the ACLU-MN fights to protect the civil liberties of Minnesotans through litigation, public education, and lobbying related to legislation that impacts civil liberties and civil rights.