Protests ‘may be prohibited’

A proposed rule change says in part: “Buildings in the Florida Facilities Pool are nonpublic forums except those portions of public sidewalks, streets, parks, outdoor memorials, or similar public spaces that qualify as traditional public forums. Demonstrations and other forms of speech may be limited or prohibited when such limitation or prohibition is deemed reasonably necessary: (1) to protect the safety of the public or those employees and officers working at the building; or (2) because an individual or group is causing a disturbance that is likely to impede or disrupt the performance of official duties or functions of employees or officers working in the building or is likely to disrupt or prevent access by members of the public.”

Citing the Capitol’s popularity for student field trips, the rule would add: “Because the Capitol Complex is often a destination for children learning about their state government, visual displays, sounds, and other actions that are indecent, including gratuitous violence, gore, and material that arouses prurient interests, are not permitted in any portion of the Capitol Complex that is not a traditional public forum.”

Exactly what is indecent? What arouses prurient interests? Who decides? Answer: The Capitol Police.

The unit, part of the Florida Department of Law Enforcement (FDLE), is responsible

for enforcing the rules. In the last legislative session, police charged 25 people with trespassing for disrupting a House vote on an abortion bill, by chanting in a visitors’ gallery. They were banned from the Capitol for an entire year — a grossly excessive penalty.

One of those charged and banned last February is Hannah Fulk, a Florida State student active in the campus LGBTQ community and on behalf of Planned Parenthood Generation Action.

Fulk was among dozens of speakers who spoke in opposition to the proposed changes at a hearing last week in Tallahassee. She said dissent at the Capitol “should be encouraged, not suppressed.” We agree. The proposed language is overly broad and gives police too much unfettered discretion to stifle lawful free speech. No state official has offered an explanation why these changes are necessary.

Karen Woodall, a tenacious advocate in the Capitol for four decades, said the new rules are meant to discourage civic participation in government, and people should have free use of posters and banners. For those who don’t want to speak publicly, “that is their way of expression,” Woodall said.

This rule-adoption process itself should trouble every Floridian, regardless of political philosophy. A change with such dire First Amendment implications should not have been delegated to unelected mid-level state bureaucrats, but it has. The only chance people had to testify in person about the rigid new policy was — where else? — Tallahassee.