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David Spates Got something to say?
Students may not shed their constitutional
rights at the schoolhouse gate, but in the Great Smoky Mountains
National Park your and my constitutional rights seem to be limited
to an area a few feet away from the Coke machines and public
toilets. Like plenty of other people this weekend,
I took the opportunity to enjoy the unseasonably warm weather
and did something fun outside before the inevitable March snowstorms
come. The wife and I went to the Smoky Mountains to hike up to
the Alum Bluff (a great trail, by the way). Before we started
our trek, we stopped by the Sugarlands Visitor Center in the
park. It was there that I saw this sign: "First Amendment Expression Area: Designated
for the sale and distribution of printed matter in accordance
with the provisions of 36 CFR 2/52. A permit is required. This
area has been set aside for individuals or groups exercising
their constitutional First Amendment rights. The National Park
Service neither encourages nor discourages or otherwise endorses
these activities." Yes, apparently our constitutional rights
as Americans are somehow limited to the visitor center's sidewalk,
not straying too far from the sign. If that's my boundary for
First Amendment freedoms, I wonder where in the park I have to
go to enjoy freedom from unreasonable search and seizure. Perhaps
my right to bear arms is restricted to an area near the ranger's
station. Maybe women aren't allowed to vote unless they're standing
near the picnic tables. I understand Prohibition is still the
law near the bear-proof garbage cans. Upon gazing at the sign, I immediately remembered
a Supreme Court case I studied in college - Tinker vs. Des Moines
Independent Community School District. In the late 1960s, three
teen-agers decided to protest the Vietnam War by wearing black
armbands to their schools. When the principals got wind of it,
they decided that any student wearing a black armband must remove
it or face suspension. They were afraid the armbands would be
disruptive. The students - 15-year-old John Tinker, 13-year-old
Mary Tinker and 16-year-old Christopher Echardt - refused to
remove their armbands, and they were suspended. In what has become a fairly famous quote,
Justice Abe Fortas wrote, in the court majority's opinion, that,
"It can hardly be argued that either students or teachers
shed their constitutional rights to freedom of speech or expression
at the schoolhouse gate." The court sided with the students,
and ruled that while schools must have some limitations on free
speech, the principals failed to demonstrate that wearing armbands
would substantially interfere with appropriate school discipline. So with that in mind, I wonder what the thinking
is over at the Sugarlands Visitor Center. You may not shed you
rights at the schoolhouse gate, but it seems they're rather fettered
in the Smokies. I can understand requiring a permit to sell something
there, but how can anyone place restrictions on handing out literature
or talking about whatever issue. If they're disturbing the peace
or causing a disruption in park operations, that's one thing,
but simply talking to people who will listen hardly seems disruptive. I wonder what sort of red tape you have to
contend with before the powers that be grant you a permit to
exercise your First Amendment rights. I wanted to ask someone
at the center, but I didn't see anyone who looked like they were
in charge. I guess they were taking in a hike, too. So the next time you want to get something off your chest at the Great Smoky Mountains National Park, remember to get your permit and stick close to the designated sign. Otherwise, I'm not sure if you're entitled to a speedy and public trial. Unless, of course, you happen to be standing next the rusty water fountain. |