Quarantining dissent How the Secret Service protects Bush from free speech James Bovard Sunday, January 4, 2004 Â©2004 San Francisco Chronicle | Feedback | FAQ When President Bush travels around the United States, the Secret Service visits the location ahead of time and orders local police to set up "free speech zones" or "protest zones," where people opposed to Bush policies (and sometimes sign-carrying supporters) are quarantined. These zones routinely succeed in keeping protesters out of presidential sight and outside the view of media covering the event. When Bush went to the Pittsburgh area on Labor Day 2002, 65-year-old retired steel worker Bill Neel was there to greet him with a sign proclaiming, "The Bush family must surely love the poor, they made so many of us." The local police, at the Secret Service's behest, set up a "designated free-speech zone" on a baseball field surrounded by a chain-link fence a third of a mile from the location of Bush's speech. The police cleared the path of the motorcade of all critical signs, but folks with pro-Bush signs were permitted to line the president's path. Neel refused to go to the designated area and was arrested for disorderly conduct; the police also confiscated his sign. Neel later commented, "As far as I'm concerned, the whole country is a free-speech zone. If the Bush administration has its way, anyone who criticizes them will be out of sight and out of mind." At Neel's trial, police Detective John Ianachione testified that the Secret Service told local police to confine "people that were there making a statement pretty much against the president and his views" in a so-called free- speech area. Paul Wolf, one of the top officials in the Allegheny County Police Department, told Salon that the Secret Service "come in and do a site survey, and say, 'Here's a place where the people can be, and we'd like to have any protesters put in a place that is able to be secured.' " Pennsylvania District Judge Shirley Rowe Trkula threw out the disorderly conduct charge against Neel, declaring, "I believe this is America. Whatever happened to 'I don't agree with you, but I'll defend to the death your right to say it'?" Similar suppressions have occurred during Bush visits to Florida. A recent St. Petersburg Times editorial noted, "At a Bush rally at Legends Field in 2001, three demonstrators -- two of whom were grandmothers -- were arrested for holding up small handwritten protest signs outside the designated zone. And last year, seven protesters were arrested when Bush came to a rally at the USF Sun Dome. They had refused to be cordoned off into a protest zone hundreds of yards from the entrance to the Dome." One of the arrested protesters was a 62-year-old man holding up a sign, "War is good business. Invest your sons." The seven were charged with trespassing, "obstructing without violence and disorderly conduct." Police have repressed protesters during several Bush visits to the St. Louis area as well. When Bush visited on Jan. 22, 150 people carrying signs were shunted far away from the main action and effectively quarantined. Denise Lieberman of the American Civil Liberties Union of Eastern Missouri commented, "No one could see them from the street. In addition, the media were not allowed to talk to them. The police would not allow any media inside the protest area and wouldn't allow any of the protesters out of the protest zone to talk to the media." When Bush stopped by a Boeing plant to talk to workers, Christine Mains and her 5-year-old daughter disobeyed orders to move to a small protest area far from the action. Police arrested Mains and took her and her crying daughter away in separate squad cars. The Justice Department is now prosecuting Brett Bursey, who was arrested for holding a "No War for Oil" sign at a Bush visit to Columbia, S.C. Local police, acting under Secret Service orders, established a "free-speech zone" half a mile from where Bush would speak. Bursey was standing amid hundreds of people carrying signs praising the president. Police told Bursey to remove himself to the "free-speech zone." Bursey refused and was arrested. Bursey said that he asked the police officer if "it was the content of my sign, and he said, 'Yes, sir, it's the content of your sign that's the problem.' " Bursey stated that he had already moved 200 yards from where Bush was supposed to speak. Bursey later complained, "The problem was, the restricted area kept moving. It was wherever I happened to be standing." Bursey was charged with trespassing. Five months later, the charge was dropped because South Carolina law prohibits arresting people for trespassing on public property. But the Justice Department -- in the person of U.S. Attorney Strom Thurmond Jr. -- quickly jumped in, charging Bursey with violating a rarely enforced federal law regarding "entering a restricted area around the president of the United States." If convicted, Bursey faces a six-month trip up the river and a $5,000 fine. Federal Magistrate Bristow Marchant denied Bursey's request for a jury trial because his violation is categorized as a petty offense. Some observers believe that the feds are seeking to set a precedent in a conservative state such as South Carolina that could then be used against protesters nationwide. Bursey's trial took place on Nov. 12 and 13. His lawyers sought the Secret Service documents they believed would lay out the official policies on restricting critical speech at presidential visits. The Bush administration sought to block all access to the documents, but Marchant ruled that the lawyers could have limited access. Bursey sought to subpoena Attorney General John Ashcroft and presidential adviser Karl Rove to testify. Bursey lawyer Lewis Pitts declared, "We intend to find out from Mr. Ashcroft why and how the decision to prosecute Mr. Bursey was reached." The magistrate refused, however, to enforce the subpoenas. Secret Service agent Holly Abel testified at the trial that Bursey was told to move to the "free-speech zone" but refused to cooperate. The feds have offered some bizarre rationales for hog-tying protesters. Secret Service agent Brian Marr explained to National Public Radio, "These individuals may be so involved with trying to shout their support or nonsupport that inadvertently they may walk out into the motorcade route and be injured. And that is really the reason why we set these places up, so we can make sure that they have the right of free speech, but, two, we want to be sure that they are able to go home at the end of the evening and not be injured in any way." Except for having their constitutional rights shredded. The ACLU, along with several other organizations, is suing the Secret Service for what it charges is a pattern and practice of suppressing protesters at Bush events in Arizona, California, Connecticut, Michigan, New Jersey, New Mexico, Texas and elsewhere. The ACLU's Witold Walczak said of the protesters, "The individuals we are talking about didn't pose a security threat; they posed a political threat." The Secret Service is duty-bound to protect the president. But it is ludicrous to presume that would-be terrorists are lunkheaded enough to carry anti-Bush signs when carrying pro-Bush signs would give them much closer access. And even a policy of removing all people carrying signs -- as has happened in some demonstrations -- is pointless because potential attackers would simply avoid carrying signs. Assuming that terrorists are as unimaginative and predictable as the average federal bureaucrat is not a recipe for presidential longevity. The Bush administration's anti-protester bias proved embarrassing for two American allies with long traditions of raucous free speech, resulting in some of the most repressive restrictions in memory in free countries.