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
Ron, those things were clipped directly from this group's website. As I read through a lot of their gibberish, I was completely bewildered by whatever "message" they are trying to get across.
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.
Really! the Jefferson Memorial. is incompatibel with free expression?
The only reason the Park Police looked bad in this...is because they were bad.. the reponse by the sargent should have been to cut in.Make this the non-event it should have been
Lee
That , I can understand. Where do these guys come from ?
What on earth does MLK have to do with this?
All of you who are siding with the police on this: Just remember...when they knock down your door and enter your home ... and take anything and everything they want from you. They can enter any home at any time they please RIGHT NOW, without a warrant. They can plant drugs (or whatever illegal item) in your home, arrest you for possessing said item, and you will rot in jail the rest of your life. None of you seem to realize that our freedoms are gone, and this country is no longer the America we knew and loved. Some of my ancestors (mother's side of family) fought in the Revolutionary War. Now, their deaths were in vain. America has never been perfect, but she was OUR country. "With liberty and justice for all" - remember?
This comment was edited to remove some overly strong wording. -- Ed.
Anonymous, I'm afraid you've been partaking of paranoia inducing hallucinogens or something.
Or are you one of the people involved with Adam and his friends?
[gratuitous remark removed] Its safe to dance. Thomas Jefferson loved to play music and "Dance a Jig or two." Wonder what he would think of this jargon, no dancing policy that goes against our Constitutional Rights. America's government today makes me physically ill. If our Forefathers only knew...
I will give kudos to the Park Police in handling this illegal demonstration. I believe they were very professional, and it's hard to stay professional when you have jerks like this in your face. This video shows the immaturity of those participating in this demonstration. Anyone notice the sign just outside of the memorial that asks for quiet? Then the guy yelling is absurd thoughts while being taken away by park police, he was very informed of what a model citizen is supposed to be like.
By the way when someone is actively resisting arrest, and interfering with an officer as the one idiot did when he came to his buddies rescue only to be put on the ground and handcuffed himself, you get put on the ground and pain compliance is part of it. Knees on the head while handcuffing in the prone position is a standard law enforcement technique.
I wouldn't worry too much about these idiots, they will have their day in court and I hope they request a trial by jury and this video is the first evidence they show. I believe they got more than enough of a warning. the officer in charge made it clear that they would be arrested, so why are they whining about it?
Kudos to the park police officers who handled the situation the best they could for dealing with a bunch of immature punks.
KEEP ON DANCING! Next time I am in DC, which is regularly, I will be making a trip to dance my heart away, in silence of course! They oppress all of us- well I guess they could send us all to FEMA camps.
Those supporting the cops probably never leave the house and are fine with big corporations running their mind through regulated propaganda tv. I personally will never stop dancing.
Bridget or someone -- will someone please explain who these people are and what they are protesting? And why? What is behind all this?
I worked at GWU the year that MLK did his "Tent City" gig on the natioonal mall. I was there. There were a lot of people dancing. Now we have a national holiday to commemorate Martin. Chief C. and your minions, wake up, this is America!
To Lee Dalton, Lee, it's about non violent freedom of expression! i.e. the First Amendment?
That's only a very partial explanation. What's the rest of it?
The rest of it is a court ruling that said that dancing is prohibited in the memorial even if done silently. Since the location is public property, not private property, it is imperitive that free speach and expression be upheld. The constitution could not be more clear on this and leaves NO grey area.
Congress shall make no law...abridging the freedom of speech....or the right of people to peaceably assemble.
That is why the people are dancing.
What a great Country we live in. Our Founding Fathers would be proud.
It provides everyone the right of Free Speech and Freedom to Peaceably Assemble.
It also provides everyone the right to Express Stupidity.
Nough Said.
i just graduated from the university of virginia this past may and this saddens me greatly.
Arent the physical arrests themselves a violation of the rules. What was more disruptive?
No way the gov. gonna be a hypocrite.
O M G
This is ridiculous! Arrested for quietly dancing at the Jefferson Memorial? Is this what this country is coming to? REALLY??? As a Marine Corps veteran, I can understand the need to be respectful and solemn when visiting Arlington National Cemetery and the Tomb of the Unknowns. That is a place to reflect on the thousands of Americans who gave their lives in service of this great country. I have a couple of friends buried their, as well as at least one relative. Many heroes are buried there, and deserve the respect that one should have for a place like that. But, really. The Jefferson Memorial, the Lincoln Memorial, and the Washington Monument, and other sites like them are not burial places, and therefore do not rise to the level of being somewhere where such solemnity is necessary. Don't get me wrong. I'm not saying to go to these places and party it up, but I don't see how couples quietly dancing or even kissing is something that should be answered by being arrested, as long as the people don't get out of hand. So, come on, people! Lighten [crude language not welcome, please] up!
But this monument doesn't belong to the government, it belongs to the people who paid for it. . . and if the people want to dance so be it.
So Thomas Jefferson said: "I would rather be exposed to the inconveniences 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."
Is there some irony here?
Could the cops have just used better judgement? But of course they could . . . but they chose to make use and abuse the power they had . . . I guess they were bore to death.
Probably best to use guns. That would really work!
So unnecessary to over react like that. Ignore them and they'll go away.
Crusaders
Personally, I have never felt the urge to make a scene in public by conducting my private moments with the man I love in the open. There's a reason it's called a "private" life. They were groping and kissing and that's nowhere near as attractive as they think. While I didn't see children in the video, it's especially wrong where children are present. When the two officers tried to separate them, they initially refused to part. The other people who then almost drunkenly "danced" should have been ignored, but personally I wish every couple engaged in PDA (public displays of attention) should be arrested as well. I'm tired of seeing it. Public places are to be enjoyed by everyone, and this makes a lot of people uncomfortable. "Get a room!"
if they had of ignored them, it wouldnt have made a big deal. But by doing this, the police gave these people the crowd and audience they were seeking.
did they put a warning out side of the memorial if not how would anyone know what is and is not allowed there.
It really is the initial arrest that caused the court ruling that bugs me the most. Those original 17, of which one was arrested, then the charges dropped, were there on TJ's birthday to celebrate his birthday, yet the park service found it fitting to arrest them even though it was late at night and there was no problem with creating a scene. I just find that a reprehensible misjudgement of those officer's discretion.
I think that discretion by the police shoulfd have been exercised. By their thuglike behaviour the Park Police (are they even real police officers?) made tghe situation much worse that it could have been....
As you can see by the videos taken. They were mostly all given calm and peaceful warnings. This article says this was not a spontanious act so at least 1 of the people were there doing it in protest. People began to resist and it got out of hand. All the cops had to do is ignore it, yes. BUT all the people had ot do is just not dance once they were told they cant dance in the memorial. As the article indicates, they were there to protest the earlier rulings and arrest. They deserved to be arrested. Maybe a little more peacefully but they WERE resisting. It is there own fault that such force was used. As you can see in the video. As the cop was trying to peacefully tell these people they couldnt dance. Others were walking away and starting to dance, trying to elevate the situation.
A Memorial is compareble to a grave. Imagine people would insist to dance on your grandmother's grave. How would you think about it? Case closed. Freedom doesn't mean that you can do everything.
I agree with the "admin on may 31 2011"
Uncle TJ would be so mad right now.
Let them dance.
And I would love to have my descendants and their friends dancing around my grave. In fact, to any such fine folk reading this once my days have passed, please consider this my request.
the whole thing was idiocy
Jefferson was a defender of individual liberty, and a foe of governments that violate liberty. He would have been on the side of the dancers, who were harming no one. They were neither breaking arms, nor stealing purses. The actions of the officers demonstrate how far from Jefferson's ideal the US government has drifted.
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