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When Did Dancing In The Thomas Jefferson Memorial Become A Crime?

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A group of visitors to the Jefferson Memorial was arrested last Saturday for dancing inside the memorial. Images pulled from Adam vs. the Man video.

The words of Thomas Jefferson, some written more than 200 years ago, have shaped American ideals. Today, many of these impressive, stirring words adorn the interior walls of his memorial. The Thomas Jefferson Memorial stands as a symbol of liberty and endures as a site for reflection and inspiration for all citizens of the United States and the world.

Those words are on the homepage of the National Park Service's website for the Jefferson Memorial. But does the memorial stand "as a symbol of liberty and endure as a site for reflection and inspiration for all citizens of the United States and the world"? Some might wonder following an incident this past Saturday at the memorial in which U.S. Park Police brusquely -- some might say excessively, what with the use of chokeholds and knees pinning heads to the memorial's floor -- arrested a number of visitors in the memorial for ... quietly dancing.

Thomas Jefferson, our country's third president, valued liberty highly, as a review of his quotations attests:

"I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it."

"The boisterous sea of liberty is never without a wave."

"..I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man."

That last entry comes from an inscription within the memorial, an irony that can't be escaped in the wake of the arrests.

When did dancing become a sign of protest, and when was it outlawed in the memorial? How do you measure reasonable force vs. excessive force when police are arresting those behind passive acts of civil disobedience? Would those questions, which might come to mind after watching the following video, have been moot if the Park Police had simply ignored the dancers?

Now, the dancing was not spontaneous, and likely had its roots in a similar incident in 2008 when Mary Oberwetter was arrested in the memorial for dancing in celebration of Thomas Jefferson's birthday.

Ms. Oberwetter's lawsuit against the National Park Service, for a violation of her First Amendment rights, was initially dismissed by a federal judge and her appeal of that also failed, on this past May 17. In its ruling, the U.S. Court of Appeals for the D.C. Circuit held that the Jefferson Memorial should have a “solemn atmosphere" and that silently dancing was an inappropriate form of expression there.

Furthermore, the appellate judges agreed with the lower court that the interior of the open-air memorial is "not a public forum," and so any demonstrators must first obtain a permit. Demonstrations that require permits in the Park Service's National Capital region are defined as "picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. [The] term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers."

Against those regulations, the appellate court wrote:

Although silent, Oberwetter’s dancing was a conspicuous expressive act with a propensity to draw onlookers. True, it occurred close to midnight on a weekend, making it less likely that a crowd would gather. But the question is not whether her dancing was likely to attract attention at that particular time. As with the other prohibited activities of “picketing, speechmaking, marching, [and] holding vigils or religious services,” expressive dancing might not draw an audience when nobody is around. But the conduct is nonetheless prohibited because it stands out as a type of performance, creating its own center of attention and distracting from the atmosphere of solemn commemoration that the Regulations are designed to preserve.

     

Furthermore, the judges added:

National memorials are places of public commemoration, not freewheeling forums for open expression, and thus the government may reserve them for purposes that preclude expressive activity. Oberwetter points out that the Jefferson Memorial is located within the National Park system, and that public parks are quintessential examples of traditional public forums.  Even so, we have recognized that our country’s many national parks are too vast and variegated to be painted with a single brush for purposes of forum analysis. “Presumably, many national parks include areas—even large areas, such as a vast wilderness preserve—which never have been dedicated to free expression and public assembly, would be clearly incompatible with such use, and would therefore be classified as nonpublic forums.”.... In creating and maintaining the Jefferson Memorial in particular, the government has dedicated a space with a solemn commemorative purpose that is incompatible with the full range of free expression that is permitted in public forums.

     

What would Thomas Jefferson think?

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Comments

This is a sad day when you can be assaulted and detained for dancing in a memorial built to honor one of the greatest advocates of liberty and free expression the world has witnessed.

Those those who think this police action is justified:

Timid men prefer the calm of despotism to the tempestuous sea of Liberty. – Thomas Jefferson


I read a whole bunch of gobbledegook on the website.  Doesn't seem to make much sense but seems to be either a radical right or radical left political site.  Here's another example:
"Tonight on ADAM VS THE MAN with Adam Kokesh: Thank you, thank you, thank
you. According to Metro spokesman Dan Stessel as quoted in the
Washington Post after we were told that no one from the Metro Authority
would be speaking to the media until after the investigation, “We’ve
certainly heard from the public about it.” And it has been announced
that the absurd assault charges against the victim of the wheelchair
police assault have been dropped. Adam has more on that and talks to Tim
Cox from GOOOH to explain how G – O – O – O – H (get out of our house) is NOT actually pronounced “goo.” Rand Paul,
despite being the subject of absurd attacks from silly lefties is
standing up for their rights too! He’s been doing his best to stop the
unPATRIOT ACT and Utah goes for the gold! Money that is. Adam catches up
with Stefan Molyneux to
explain how this means the end of democracy (that’s a good thing.) LONG
LIVE THE REPUBLIC! That is, until the necessary evil of government is no
longer necessary. You’re watching ADAM VS THE MAN."


You disagree with him, so what.  Does this anyone the right to body slam, choke, assault, arrest, and detain a fellow citizen?  They were harming no one.

"This sounds a lot like the so-called free speech movement of the 60's." --- or maybe it is just like the "so-called" civil liberties movement at lunch counters during the 50's and 60's.... this is dangerous ground you tred on when you start picking and choosing who's free speech and expression is "okay"


Anonymous, there is obviously much more behind this video.  It's very easy to edit video to make the cops look like total bad guys.

I'd very much like to hear the entire story.  Unedited.


You would seem to be one of those liberals intent on perfecting the 'nanny state'.  I hope you never achieve such a dream as even yourself would deeply regret it!


While I get the people were there for that reason, trying to stir things up and make an anti-government video, I am not sure I understand why the officer could not or would not cite what law was being broken.  Also, near the end the officer told the cameraman you're not allowed to video in here.  Really?  I've always had my video camera on vacation trips to the DC monuments.  Was I breaking a law without knowing it?


Your right sir. People kissing or slow dance in public is just a vile act of terrorism and against everything America stands for. I also suggest we arrest anyone with Obama or palin shirts and Any other form of political expression should either be forced to strip or down or go to jail. Obviously stripping down should send you directly to jail. Any sort of singing via from child or adult in jail too. Long hair also an offense, and individuals thar are Muslims. Obviously the officer should be unable to explain what law you are being arrested for and generally waste I mean correctly use tax payer money.

Obviously at no point should anyone just be escorted off the site with a warning, placing in handcuffs because the officer is annoyed is the correct response. Remember at no point are any of the individual have rights or pay taxes that pay for these officers.


Well here I go again.
One question after viewing the video and reading the comments: What happened to good old COMMON SENSE ?
This has become my favorite phrase recently in light of all the regulations, policies, litigations and best available science.
I got to tell you that in my opinion, it's a TIE.
I think both sides had some good points (and as many of you know, I am a little miffed with the NPS right now) and both sides wound up looking stupid. So it's a wash. Both sides had the opportunity to come out a winner if only either had used a little COMMON SENSE.
Lee,
I hope you messed up on your attempt to enlighten us about "Adam" because I didn't understand much of it. But, I'm probably not supposed to.

Ron (obxguys)


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