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The Plot to Wreck the Democratic Convention

The Atlantic

www.theatlantic.com › politics › archive › 2024 › 04 › chicago-1968-democratic-national-convention-2024 › 678196

Opponents of the Iraq War gathered to disrupt the Republican National Convention in 2004. Tens of thousands of protesters gathered in New York City; some put the total as high as 200,000. A minority of the protesters disregarded police lines. More than 1,800 people were arrested.

Yet the convention itself proceeded exactly as planned. President George W. Bush was renominated, and subsequently won reelection. In so doing, he became the only Republican presidential candidate to win a popular-vote majority in the 35 years since the end of the Cold War. In 2014, New York City paid $18 million to settle the legal claims of people who contended that they had been wrongly swept up in the 2004 convention arrests.

Some radical opponents of President Joe Biden hope they will have better success disrupting the Democratic National Convention in Chicago this year. They imagine they can do to a political convention what they have done at America’s prestige universities. They are almost certainly deluding themselves.

Biden’s opponents have based their plans on a folk memory of events in 1968. For The Free Press, Olivia Reingold and Eli Lake reported from an activist planning meeting: “‘Have you heard that the Democratic National Convention is coming to Chicago?’ [a leader] asks the crowd. ‘Are we going to let ’em come here without a protest? This is Chicago, goddamn it—we’ve got to give them a 1968 kind of welcome.’”

In 1968, a poorly disciplined Chicago police force brutalized protesters and journalists in front of television cameras. The horrifying images symbolized a year of political upheaval that smashed forever the New Deal coalition of pro-segregation, conservative white southerners; unionized workers; northern ethnic-minority voters; and urban liberals. A Republican won the presidency in 1968—and then again in four of the next five elections.

Exactly why the utterly self-defeating tumult of Chicago ’68 excites modern-day radicals is a topic I’ll leave to the psychoanalysts. For now, never mind the why; let’s focus on the how. Is a repeat of the 1968 disruption possible in the context of 2024? Or is the stability of 2004 the more relevant precedent and probable outcome?

From 1968 to today, responsibility for protecting political conventions has shifted from cities and states to the federal government. This new federal responsibility was formalized in a directive signed by President Bill Clinton in 1998. The order created a category of “National Special Security Events,” for which planning would be led by the Secret Service.

National Security Special Events draw on all the resources of the federal government, including, if need be, those of the Defense Department. In 2016, the federal government spent $50 million on security for each of the two major-party conventions.

Those funds enabled Cleveland, the host of the 2016 Republican convention, to deploy thousands of law-enforcement personnel. Officers were seconded from across Ohio, and from as far away as Texas and California. Federal funds paid for police to be trained in understanding the difference between lawful and unlawful protest, and to equip them with body cameras to record interactions with the public. The city also used federal funds to buy 300 bicycles to field a force that could move quickly into places where cars might not be able to go, and that could patrol public spaces in a way that was more approachable and friendly.

[George Packer: The campus-left occupation that broke higher education]

In the end, the convention was mostly orderly and peaceful—despite the presence of civilians taking advantage of Ohio’s open-carry laws to bear rifles around town. A rare moment of public-order drama was recorded on the second-to-last day of the convention, when about 200 officers faced a small group that tried to burn an American flag. One of the protesters inadvertently set his own pants on fire. A police officer was recorded yelling, “You’re on fire, you’re on fire, stupid!” The man pushed away officers as they doused the flames and was arrested for assault.

At the Democratic convention in Philadelphia in 2016, police negotiated ways of permitting peaceful protest with demonstrators. At one point, dissident Bernie Sanders supporters tried to breach the convention perimeter. More than 50 were arrested; most were released without charge.

The mostly virtual conventions of the pandemic year 2020 attracted fewer demonstrators. At the one-day Republican convention in Charlotte, North Carolina, police had little difficulty turning back protesters who tried to breach the convention’s perimeter. At the Democratic convention in Milwaukee, demonstrators apparently did not even try to force a breach; instead, they marched up to the security perimeter, made speeches, then marched away again.

The widespread recent pro-Palestinian protests on university campuses have been distinguished by more rule-breaking than the convention protests of the past two cycles. But campuses are special places, lightly policed and weakly governed. Pro-Palestinian protesters have proved considerably more circumspect when they march in places where laws of public order are upheld.

On January 13, 2024, a protest sponsored by American Muslim groups drew thousands to Washington, D.C., culminating in demonstrations at the White House. Only two people were arrested. Many more arrests occurred on January 16, when a group sponsored by the Mennonite Church trespassed inside the Capitol’s Cannon House office building, but that protest involved old-fashioned civil disobedience—lawbreaking that did not threaten injury to anyone, followed by peaceful acceptance of arrest.

Pro-Palestinian groups have blocked bridges in some U.S. cities to stall traffic. But this tactic, too, has depended on tacit permission from the authorities. The 80 pro-Palestinian demonstrators arrested for halting traffic on San Francisco’s Bay Bridge in November 2023 escaped criminal convictions by each accepting five hours of community service. That leniency was more or less an open invitation to try it again, which they did on the Golden Gate Bridge in April.

In this country and in Europe, some have inflicted criminal violence against Jewish people. Just last week, for example, French media reported on the case of a Jewish woman in France who was allegedly kidnapped, raped, and threatened with murder by a man who told her that he sought to “avenge Palestine.” At a protest in California in November 2023, a pro-Palestinian protester inflicted fatal injuries on a Jewish man. But these crimes have occurred in the absence of police, not—as at a national political convention—in front of thousands of officers.

Where faced with clear rules backed by effective enforcement, pro-Palestinian protests on this side of the Atlantic have generally deferred to lawful authority.

Past practice is, of course, no guarantee of future behavior. A large number of people do seem to want to mess up the Democratic convention. When I spoke with Democratic Party officials involved with convention planning, they seemed acutely aware of the hazards and deeply immersed in countering the risks.

Maybe they will overlook something. Maybe protesters will discover an unsuspected weak point, overwhelm police, wreak viral-video havoc, embarrass President Biden, and thereby help Donald Trump. The better guess is that they will not only fail in that but also be unable to mobilize any large number to attack police lines and risk serious prison time.

In the meantime, however, the talk of convention disruption has achieved one thing: It has at least temporarily diverted the conversation toward the antidemocratic extremists who may assault the Democratic convention that will renominate Biden, and away from the antidemocratic extremists who will take the stage unmolested to address the Republican convention that will renominate Trump.

Colleges Are Failing the Free Speech Test

The Atlantic

www.theatlantic.com › ideas › archive › 2024 › 04 › colleges-protests-free-speech › 678238

Say you’re a college senior, just a few weeks from graduation. For as long as you can remember—even back in high school, before you set foot on campus—older people have talked about free speech. More specifically, older people have talked about free speech and you: whether your generation understands it, whether you believe in it, whether you can handle it.

After watching some of those same people order crackdowns on campus protests over the past few days, you might have a few questions for them.

Last week, from New York to Texas, cops stormed college campuses clad in riot gear. They weren’t there to confront active shooters, thank goodness, or answer bomb threats. Instead, they were there to conduct mass arrests of students protesting the war in Gaza.

As the legal director of a First Amendment advocacy nonprofit, I teach students across the country that the government can’t silence speakers because of their beliefs, even—and perhaps especially—if those beliefs are unpopular or cause offense. That’s a foundational principle of free-speech law. But many of the crackdowns appear to be a direct reaction to the protesters’ views about Israel.

After sending a phalanx of state law-enforcement officers into the University of Texas at Austin campus, for example, Governor Greg Abbott announced on X that students “joining in hate-filled, antisemitic protests at any public college or university in Texas should be expelled.”

But no First Amendment exception exists for “hate-filled” speech. And for good reason: In our pluralistic democracy, everyone has their own subjective idea of what, if any, speech is too “hateful” to hear, making an objective definition impossible. And empowering the government to draw that line will inevitably silence dissent.

At UT, the officers arrested scores of protesters for “trespassing.” But the students don’t appear to have violated school rules. And you can’t trespass on a place where you have the right to be, as students at the public universities they attend clearly do. Even a cameraman for a local news station was tackled and arrested. The next day, the Travis County attorney’s office dropped all of the trespassing charges for lack of probable cause—a telling indicator of the disturbingly authoritarian response. (Shockingly, the cameraman does face a felony charge, for allegedly assaulting a police officer—an allegation difficult to square with video of his arrest.) The government can’t throw Americans in jail for exercising their First Amendment right to peaceful protest.

Governor Abbott’s illiberal show of force has no place in a free country. It’s especially galling given the governor’s previous posture as a stalwart defender of campus free speech: In June 2019, he signed a law prohibiting Texas’s public colleges and universities from shutting down campus speakers because of their ideology. So much for that.

Governor Abbott isn’t alone. During her congressional testimony earlier this month, Columbia University President Minouche Shafik pledged investigations of students and faculty who voiced allegedly anti-Semitic criticism of Israel and Zionism, and agreed—on the fly—to remove a professor from his position as a committee chair because of his speech.

Columbia is a private institution, so it isn’t bound by the First Amendment. But the university promises freedom of expression to its students and faculty—and Shafik’s willingness to sacrifice faculty and student rights to appease hostile members of Congress betrays those promises.

If such things had happened only at UT and Columbia, that would be bad enough—but the problem is spreading. At Emory University, in Atlanta, police officers reportedly used tear gas and Tasers against protesters. State troopers with rifles directed toward protesters stood watch on a rooftop at Ohio State University. At Indiana University, administrators rushed out a last-minute, overnight policy change to justify a similar show of force from law enforcement, resulting in 34 arrests. It’s hard to keep up.

Students nationwide are watching how the adults who professed to care about free speech are responding under pressure. And they are learning that those adults don’t really mean what they say about the First Amendment. That’s a dangerous lesson. Our schools and universities could still teach the country a better one.

“Free Speech 101” starts here: The First Amendment protects an enormous amount of speech, including speech that some, many, perhaps most Americans would find deeply offensive. You may not like pro-Palestine speech; you may not like pro-Israel speech. You may think some of it veers into bigotry. The answer is to ignore it, mock it, debate it, even counterprotest it. But don’t call in the SWAT team.

Granted, free speech is not without carefully designated exceptions, and these exceptions are important but narrow. True threats and intimidation, properly defined, are not protected by the First Amendment. Neither is discriminatory harassment. Violence is never protected.

And public universities can maintain reasonable “time, place, and manner” restrictions on speech. That means, for example, that for the authorities to place a ban on playing heavily amplified sound right outside the dorms at 2 a.m. likely does not violate the First Amendment. A prohibition on camping overnight in the quad probably doesn’t either.

But the enforcement of these rules must be evenhanded and proportionate. The use of force should be a last resort. Students must be given clear notice about what conduct crosses a line. And any student facing punishment for an alleged infringement should receive a fair hearing. Consistency counts. Our leaders—in government, in university administration—must demonstrate their commitment to free expression in both word and deed.

Students are protesting on campuses nationwide, and they’re watching the reaction of university presidents and elected officials closely. The current moment presents a generational challenge: Do older people and people in authority really mean what they say about the First Amendment? Do they believe in free speech—and can they handle it? Right now, too many leaders are failing the test.