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Chapter 3

The Constitution

Male Narrator: Activist Brett Bursey has made a profession out of annoying U. S. Presidents for nearly 40 years.

But last year, while demonstrating during a presidential visit, Bursey was arrested.

Brett Bursey: It was the content of my sign that was the problem.

Male Narrator: A US secret service agent told Bursey that neither he nor his anti-war poster were welcome on this public street corner.

She said you can’t be anywhere?

Brett Bursey: You can’t be anywhere but the free speech zone.

Male Narrator: The problem, that so called free speech zone wasn’t just outside the hanger where the President was speaking,nor was it across the street, nor was it down the street.In fact it was here, ahalf a mile away.Can't see me anymore? Neither could the President.

Brett Bursey: We are minimized to the point of being invisible; I mean the invisibility of protest is something that’s new under the Bush administration.

Male Narrator: Few would argue controlling protests is one way to control security.

At the convention that nominated Mr. Bush for example in Philadelphia, demonstrators were fenced in for fear that violence might break out, and it did.

But an American Civil LibertiesUnion lawsuit charges, the presidents free speech zones are so far out of sight they don’t control protests, they make them disappear.

Male Speaker #1: There is nothing more fundamentally un-American than punishing people for the content of their speech.

Male Narrator: The suit sites more then a dozen instances all across the country, where peaceful demonstrators were segregated from the rest of the public.When Mr. Bush’s motorcade came through Neville Island, Pennsylvania last year, pro-Bush citizens could line the curb and wave and cheer, but anti-Bush protestors, like retiree Bill Neal,were ordered behind a fence,out of sight of the president and the press.

Bill Neal: My moment to speak out was taken away from me.

Male Narrator: The Secret Service declined to discuss any specific case, or to comment on camera, but did tell CBS news quote,“Decisions made in the formulation of a security plan, are based on security considerations, not political considerations.”

Brett Bursey: We think that they are using the security issues to suppress free speech.

Male Narrator: For now the ACLU is hoping a judge will grant an injunction against the protest zones at least before the presidential campaign gets into full swing. Without it some fear, those hoping to voice their displeasure with the president in personmaytruly be, just voices in the wilderness.

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