Shall Never Be Abridged

On Sunday, the Wisconsin State Journal featured an article by Nico Savidge with the headline "Tighter rules for Capitol protests not unlike many other states'." On seeing this headline, my first reaction naturally was "Oh, well then, that makes it okay." Not. The headline in Monday's Pierce County Herald (Ellsworth, Wisconsin) read "Protesters at the State Capitol have it great compared to other statehouses." Be sure to tell that to my buddy Will.


Will Gruber being arrested for disorderly conduct on Monday, September 24, 2012, as he was leaving the Solidarity Sing Along
at the Wisconsin State Capitol. Photo by Leslie Amsterdam.

Tighter rules on protests inside the Wisconsin State Capitol have angered demonstrators and raised civil liberties concerns. But the state is in good company when it comes to regulating speech—especially loud or highly visible speech—in the seat of state government.

Good company?!?! You're kidding, right? That would be like hearing from your doctor that, like you, half the people on your block have cancer, so, since you're in such good company, no worries! Or, like you, half the people at your workplace are losing their jobs, so at least you're not alone, right?

I have no idea where the "especially loud or highly visible speech" comes in, as this nicety is not addressed elsewhere in the article.

Wisconsin Department of Administration spokeswoman Stephanie Marquis said the results of the [State Journal] survey show that Wisconsin's requirements are reasonable and "much more generous" than those in other states.

This is kind of like saying that since the restrictions in your cell block are so much looser than those in the one next door, you should quit complaining. Notice also that Marquis was commenting on the State Journal's survey before it was published. It's enough to make one wonder where DOA public relations ends and the Wisconsin State Journal begins.

And this nugget of wisdom from Ms. Marquis: "The permitting process is there to make sure that everyone has a voice, and that everyone can use the Capitol." Thank you so much for caring that everyone has a voice and that everyone can use the Capitol. However, it's not "the permitting process" that does that, Ms. Marquis. The U.S. Constitution and the Wisconsin state constitution—they do that.

Soon after Erwin took over as chief, however, he said he would enforce the permit requirement. Erwin has lived up to that promise, with Capitol police issuing 23 citations for violations of Capitol rules regarding signs and permits in just one week earlier this month.

Au contraire, Chief Erwin has not lived up to that promise. Please correct me if I'm wrong, but the majority of the citations issued have not mentioned the lack of a permit. For the most part, they have to do with "obstruction," although obstruction of what is not altogether clear. More to the point, the Capitol's singing citizens continue singing, every weekday at noon. So far, the Solidarity Sing Along has obtained not a single permit. And since Erwin's crackdown, our numbers have expanded as concerns about infringement of the right to free speech have grown.

Chief Erwin has said, "There is a time and place for free speech, and we reserve the right to regulate that a little bit. We just have to keep it civil and people don't need to be threatened."

No, your job, Chief Erwin, is not to regulate our free speech, not even "a little bit." You see, as soon as you do that, it isn't free anymore. Your job is to protect our right to free speech. And if anyone is doing a piss-poor job of "keeping it civil and making sure people don't feel threatened," it's the Capitol Police, not the singing citizens in the Rotunda.

As of this writing there have been 467 consecutive weekday Solidarity Sing Alongs at the State Capitol. Whenever other groups have wanted to use the Rotunda, the Sing Along has graciously taken itself outside, even in the most inclement weather, rather than restrict or interfere with others' access. But to hear Erwin and Marquis, you'd think it was the singing citizens who are making things difficult at the Capitol.

A little reminder for Nico Savidge, the State Journal, Chief Erwin, and Ms. Marquis:

Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment to the U.S. Constitution is generally understood as a guarantee of the right to free speech for every U.S. citizen. To "abridge" here means to diminish, to curtail, to reduce in extent. There is no caveat that says it's okay to "regulate that a little bit." Because of the First Amendment, the right to free speech in this country is unassailable, undiminishable, unabridgable. It is sacrosanct. Without it, we are merely cogs in the great corporate machine that is consuming us all. This is not about a minor inconvenience. This is about something absolutely fundamental to what it means to be a U.S. citizen. It's worth fighting for, and some brave and great souls have said—and demonstrated—that it's worth dying for.


Jason Louise Huberty, who has received several citations thus far, holds a banner in the State Capitol on Friday, September 21, 2012. Lisa Wells, his partner, who has also received multiple citations, stands next to him with a sign that says "2nd Floor,
1st Amendment." The banner hangs just above a bust of
progressive hero Robert "Fighting Bob" La Follette. Standing next to it is Dawn Henke, the disabled veteran who collapsed as the Capitol Police attempted to arrest her on September 14, 2012. Photo by Jenna Pope.
Moreover, Wisconsin isn't just another state, and the Wisconsin State Capitol isn't just another statehouse. Our state has a celebrated history of being a bastion of progressivism, a beacon in the dark night of assaults on civil rights. Our state constitution reaffirms and strengthens the rights guaranteed in the U.S. Bill of Rights.

The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged. (Article 4, Section 1, emphasis added!)

Furthermore, the National Register of Historic Places has this to say about the Wisconsin State Capitol:

Whereas some statehouses are maintained apart from the urban fabric, the Wisconsin Capitol Rotunda functions, both literally and symbolically, as a city center and is fully utilized as a public space to which all have claim.

Just because civil rights, and specifically free speech, are eroding all over the country does not mean that we should be content for them to erode here in Wisconsin. Those who acted to attach the First Amendment to the U.S. Constitution and those who framed the Wisconsin State Constitution well understood that free speech is absolutely essential and fundamental to a free people.

"What Were You Arrested For, Kid?"

I shake my head every time I think of Wisconsin Capitol Police Chief Erwin's heavy-handed crackdown on the singing citizens in the Capitol. Before Erwin began arbitrarily handing out citations, we were a small, stalwart, ragtag bunch. I couldn't make it every weekday, so for a while I came once a week; then when my schedule eased up a bit, I came two or three times a week.

My main motivation was to bolster my resolve in light of the disheartening results of the recall. Especially for the months of June and July, I felt like if I didn't keep singing, I might succumb to a full-blown case of political malaise and election fatigue. Every time we sang Holly Near's "We Are Gentle, Angry People," I knew that in truth we were singing for our lives, for our hearts to be uplifted, for our courage and resolve to return, for our focus to shift to new ways of resisting the Walker regime.

Enter newbie Chief "The-military-prepares-you-to-be-a-great-leader" Erwin and his crackdown. The right-wing Wisconsin Reporter quoted him on September 10, the day before the eleventh anniversary of the 9/11 attacks: "And so we have a group of people that come here, and last week they were holding signs and they are part of this group that, for lack of a better word, are terrorizing people at this Capitol."

"Terrorizing people"? Really? Chief Erwin, we're holding signs and banners and singing. And you call that "terrorizing"? It's a pity you lack a better word. We'd be happy to supply you with a few: citizens, constituents, Wisconsinites, singers.

A few of us have been handcuffed, arrested, issued citations, sent to jail; some were visited by the Capitol Police at home or at work; others found citations in their mailboxes. One of us collapsed as five police officers converged on her as she left the building. Members of the press and an ACLU observer have been harassed and threatened by the Capitol Police.

On September 12 several Wisconsin lawmakers sent a letter to DOA Secretary Mike Heubsch, asserting that "the Capitol police's response to individuals peacefully protesting is now verging on ridiculous." And yesterday the Madison Professional Police Officers Association (MPPOA) and the Dane County Deputy Sheriffs Association (DCDSA) issued a press release:

We have been watching with alarm the recent developments at the Wisconsin State Capitol. In recent weeks, the Department of Administration (DOA) and the leadership within the Capitol Police have commenced enforcement action against peaceful protesters coming to the Capitol. Officers have been ordered to arrest and cite protesters whose only offense is the silent carrying of a sign. Other protesters have been cited for gathering for the “Solidarity Sing-along,” a non-violent group of citizens who sing every day over the noon hour. The Solidarity Singers have been particularly cognizant of the needs of other groups who also want to utilize the Capitol, and frequently relocate outside the Capitol to be respectful of those needs. They are now being cited for assembly at the Capitol without a permit.

Today Chief Erwin whined his response: "It's unfortunate that these associations would issue a statement about Capitol Police actions without ever contacting us. Our officers would never judge another police department’s enforcement without knowing the facts of the situation."

It's difficult to feel much sympathy if Chief Erwin believes his voice isn't being heard and his input isn't being sought. One of the singing citizens posted this today on Facebook in response to Erwin's complaint:

The WPPOA (Wisconsin Professional Protest Organizers Association) issued the following response to Chief Erwin's reply to the MPPOA's criticism:

"It's unfortunate that the new Chief would issue multiple statements about Citizen actions without ever contacting one of them (and ignoring multiple Citizen requests to meet with him). These Citizens would never judge any Capitol Police officer, including the Chief, except by their words and actions towards us. The facts in the present situation are beyond dispute. He is a complete asshole. Complete."

Well now, I have to confess, I'm still grateful to the chief for revitalizing our daily citizen sing along. Whereas before I was content to show up two or three days a week to console myself with song, now I can't bear to miss a day of singing for free speech in the land of the free. My hackles are up. "You can stand me up at the gates of hell, but I won't back down."

What you see here is an up-close look at the sign on the front of my scoot, along with my Chief Erwin mask, and my fist raised in solidarity. Above that is a heart balloon that was released accidentally today. The offender has already received a citation for an unpermitted "Display and Decoration (Release of balloon)" 2.07(2). Two Capitol Police officers were kind enough to deliver the citations in person to the woman's home. Photo by Leslie Amsterdam

I stand in solidarity with my ticketed friends. Those citations belong to all of us, because we are all doing the same thing. We are, after all, singing about solidarity every day. The idea is not just to sing it, but do it. If you'd like to stand in solidarity with us, there are two things you can do:

1. Donate to the Legal Defense Fund (hosted by the Madison Infoshop), which since 1997 has been used to support those who have had their rights violated. Checks can be made to "Legal Defense Fund," c/o Madison Infoshop, 1019 Williamson St. #B, Madison WI 53703. Please put "Capitol Protest" in the memo line. For more information, call 608-262-9036.

2. Join us on Friday from 5 to 6pm on the steps of the Dane County Courthouse for the Capitol Citation Speak-Out and Fundraiser Rally. The rally will feature speakers from the ACLU of Wisconsin and the National Lawyers Guild. We also hope to hear from some of those who were unconstitutionally cited and, of course, you, should you choose to make your voice heard!

I continue to wait for the knock on the door and look for a registered letter containing a pink citation or two in the mail. So far, nothing—even though I have done the same as my friends who have been arrested, cited, and chased down in the Capitol, at home, and at work.

But I'm ready. Bring it. In my head, I can hear Arlo Guthrie's voice asking: "What were you arrested for, kid?" And I said, "Singin'."

Erwin's Campaign of Intimidation: It's Not Working!

I'm waiting for my doorbell to ring. My camera battery is all charged up, and the camera is sitting by the front door, just in case I should need to videotape anyone who happens to pay me a visit.

Yesterday I went to the Wisconsin State Capitol at noon for the Solidarity Sing Along, as I frequently do. There were a good number of us there, all of them my friends. (If you've been to the Solidarity Sing Along, then you're a friend of mine, to put a little twist on one of my favorite songs.) Lisa and Jason were there, as were Brandon and Bart, along with sixty or so others, all doing pretty much the same thing for an hour: holding signs and singing our lefty liberal bleeding hearts out.

Yesterday afternoon, three hours and twenty minutes after the Sing Along ended, the Capitol police showed up at Lisa and Jason's house and issued them both two citations for obstructing access and holding signs over a railing in the Capitol. About an hour later, Brandon was stopped as he was walking through the Capitol. Apparently, the Capitol Police had paid him a visit at home too, but he wasn't there. How lucky for them that he just happened to be passing through! He was brought downstairs to the Capitol Police Station, where he was issued a citation.

According to Dane101, Tuesday morning the Capitol Police showed up at Bart's workplace to issue him two citations for obstructing access and for holding a sign in the Capitol the previous day.

What the heck? People's homes and workplaces? Really, Chief Erwin? Last week citations were issued johnny-on-the-spot by ten or so officers, replete with handcuffs, in the People's House, in full view of witnesses and cameras. Apparently that didn't quite do the trick for Chief Erwin. So this week, the Capitol Police ranged beyond their usual bounds—in several respects—going after people at their homes and workplaces.

Twelve News asked the new police chief why no one was arrested Friday after two days of enforcement. He said it's a matter of resources. "We went right into protection mode, safety, preserve the peace, and that's what we moved into. Sometimes we do enforcement, and sometimes we just protect and serve. That's what we did today." Chief Erwin says no one should draw a conclusion that they won't make more arrests in the future. —WISN Milwaukee, emphasis added

Why go to all this effort to issue a few measly citations, going to people's homes and places of work? What point is Chief Erwin trying to make? God knows I'm not drawing parallels here, just noting some similarity (with apologies to St. Matthew): "Every day we stood in the Capitol Rotunda singing, and you did not arrest us." Is he too ashamed to issue these nefarious citations in the full light of day?

Chief Erwin, if you're worried about publicity, you should be. The whole world is watching what happens in the great state of Wisconsin. To get your shiny new job, did you make the mistake of promising your boss that you could rid the Capitol of our daily presence? If that's what you're on about, it's not working. After yesterday's news of four more citations being issued and visits paid to participants' homes, more than 140 showed up to help safeguard free speech in the People's House, more than twice as many as yesterday. As my friends are fond of saying, "Screw us and we multiply."



Today, the Madison Chapter of the National Lawyers Guild issued another press release:

The Madison, Wisconsin chapter of the National Lawyers’ Guild (NLG) condemns the Capitol Police’s continuing arrests of citizens at the Wisconsin State Capitol. After the rule used by police to arrest people last week was interpreted not to include holding signs in a circuit court case, police today cited protesters for draping banners over railings inside the capitol rotunda and holding an illegal rally without a permit, although these activities have been going on for months without incident. It has become impossible to tell what conduct is allowed or prohibited in the Capitol Rotunda, and repeated arrests of select individuals are designed to stifle dissent against state policies, say Guild members.

Your bullying, Chief Erwin, isn't working. We're holding our ground, right there in the People's House, because we're sure of our rights under the U.S. and Wisconsin state constitutions. Our permit is safely ensconced under glass on the first floor of the Rotunda. And we're not just safeguarding the free speech of lefty liberals. Whenever other groups have scheduled events at noon on weekdays in the Capitol, we have moved the Sing Along outside. We are happy to share. We freely and gratefully acknowledge that the People's House belongs to all the people of Wisconsin.

Chief Erwin, your palace guard may come pay us a visit, but don't expect us to open the door unless we have a video camera running, because we know a lot of people who are very interested in what you're up to. Even right here at my doorstep, the whole world is still watching!

Thank you, Chief Erwin!

Thanks to Chief Erwin and his saber rattling, more than two hundred sign-wielding singers showed up today to sing in the People's House.



As we have often done, we began by reading Article 1, Section 4, of the Wisconsin state constitution:



State Rep. Chris Taylor showed up and told us that she met with Chief Erwin and someone from the Department of Administration this morning. After they refused to give her specific information on what behavior is and isn't acceptable in the Capitol building, they walked out of the meeting.

Rep. Peter Barca today posted a letter Rep. Taylor sent to Chief Erwin after the meeting regarding her still-unanswered questions:

When I asked about the specific conditions you were considering in determining whether an individual needed a permit or when making an arrest, you stated that these determinations were being made on a “case-by-case basis” and refused to articulate specific factors that would be considered. Instead, you and Ms. Coomer [from the DOA] recommended that anyone considering holding a sign call the Capitol police to inquire whether a permit would be needed. This gives me grave concern that the public is not being provided adequate notice about what conduct you are prohibiting and under what specific legal authority you are acting. Further, this subjective manner of making permitting and arrest determinations can easily lead to abuse, with the result being that constitutionally protected political speech is being improperly silenced.

Rep. Taylor also expressed gratitude that there are still courts that will act to protect citizens' freedom of speech. She held up a copy of this week's court ruling by Dane County Judge Frank Remington stating that § Adm. 2.07(2), prohibiting displays (under which the recent citations were issued), doesn't apply to handheld signs, but rather only to freestanding exhibits.

Photo by Karen Kinsley
The atmosphere today was boisterous and jovial—it's always great to see so many of our friends gathered together in the People's House. But there was also a serious side to our signs and our singing and our presence. We highly value our right to free speech, and we're willing to defend it when it's threatened. The Capitol police have a duty to uphold the law, the law that guarantees that "the right of the people peaceably to assemble, to consult for the common good, to petition the government, or any department thereof, shall never be abridged."


So thank you again, Chief Erwin, for providing us with this occasion to sing with our friends in the People's House, for reminding us of how precious our rights to free speech and free assembly are. Thank you for the opportunity to remind you, Governor Walker, and the people of Wisconsin that we're still here. We're still exercising our right to free speech, assembly, and petition. And we're not going away anytime soon.
# # #Don't miss the Progressive's take on today's triumphant sing along.

Paying the Price for Free Speech

I have half-joked for decades that one of the items on my bucket list is to be arrested for civil disobedience. The civil rights movement and the anti-war protests happened while I was safely ensconced in junior high and high school. I got to college in time to see one lone streaker torpedo across campus. There I was, already a dyed-in-the-wool folkie, just in time to wave the glory days of folk music good-bye. I felt cheated.

Civil disobedience is not our problem. Our problem is civil obedience. Our problem is that people all over the world have obeyed the dictates of leaders . . . and millions have been killed because of this obedience. . . . Our problem is that people are obedient all over the world in the face of poverty and starvation and stupidity, and war, and cruelty. Our problem is that people are obedient while the jails are full of petty thieves . . . [and] the grand thieves are running the country. That’s our problem. —Howard Zinn

Hah! Little did I know that my timing was not so bad after all. Here I am—yes, a little worn around the edges—smack-dab in the middle of the Wisconsin Uprising, singing my heart out with the Solidarity Sing Along as many times a week as I can. There are some days I can feel the resonance so strongly that I begin to suspect that this is the moment I was born for and have been preparing for since those disappointingly quiet days in college.

The Solidarity Sing Along

began the day after an illegal vote was taken in the Wisconsin State Senate to pass a bill destroying the rights of working people. Participants in the spontaneous event understood that their voices were no longer being heard or acknowledged through the formal political structures of the state. They were determined to not be silenced, however, and have continued to voice their opinions on the political issues of the day every single weekday for nearly eighteen months. —Rebecca Kemble, The Progressive Magazine

And now there's serious trouble afoot. The new chief of the Capitol Police, David Erwin, is cracking down on free speech in the Capitol. Twelve practitioners of free speech have been arrested arrests have been made so far for holding signs without a permit.

If you have to ask permission from the government to protest the government, you don't really have the right to protest the government!!! The federal and state constitutions are all the permits we need. —sign seen in the capitol this week

So Friday, Sept. 7, at noon we're singing, again, for free speech, for our friends who have been arrested and fined, for our rights and yours, for the rights of our children. We're singing because freedom of speech is absolutely fundamental to democracy. Without it we are no more than cogs in the machine—no voice, no power, no access.

An unjust law is itself a species of violence. Arrest for its breach is more so. —Mahatma Gandhi

Most of us will likely gather inside the rotunda, but a few may also gather outside under the tree on Carroll Street (south of the Lady Forward statue) as we have done on Fridays since June. Please come join us! Bring a friend! We're asking for as much participation from our friends and fellow citizens as possible. Free speech needs you.

Attorneys affiliated with the Madison National Lawyers Guild stand ready to defend anyone who suffers arrest as the result of over-zealous enforcement of the Capitol access policy. Anyone who does suffer such an arrest should not argue with officers or even converse with them about their protest actions. Instead, protesters should do nothing more than ask officers why they are being arrested, ask what the charges are, immediately demand to speak to an attorney, and, if arraigned, plead not guilty. If possible, the protesters should notify someone who is not being arrested that they are being placed in custody so that this individual can contact the protest coordinator of the Madison National Lawyers Guild at 608-352-0138. The coordinator will then attempt to find legal representation for the person who has been arrested. —Madison chapter of the National Lawyers Guild

As you did in February and March last year, come prepared to resist provocation and intimidation peaceably. It's critically important to our cause that our conduct be above reproach.

When it gets down to having to use violence, then you are playing the system's game. The establishment will irritate you: pull your beard, flick your face to make you fight. Because once they've got you violent, then they know how to handle you. The only thing they don't know how to handle is non-violence and humor." —John Lennon

We're also hoping for a large turnout on Monday. And we'll continue every weekday at noon until Wisconsin gets better. (For news on whether we're singing inside or out, check the Solidarity Sing Along Facebook page). We're in this for the long haul. We're not going away.

We are gentle, angry people, and we are singing, singing for our lives. —Holly Near