The Denver Post

Leaders strive to protect speech, prevent violence

- By Paul Elias and Janie Har Associated Press file

SAN FRANCISCO» Police and civic leaders in the cradle of America’s free speech movement will struggle to balance liberty of expression with safeguards against violence as demonstrat­ors with varying political viewpoints travel to the San Francisco Bay Area for dueling rallies throughout the weekend.

On Saturday, a politicall­y conservati­ve group called Patriot Prayer will host a “freedom rally” near the foot of the Golden Gate Bridge, over the vociferous objections of San Francisco’s Mayor Ed Lee and other Democratic leaders who say the group invites hate. On Sunday, a transsexua­l supporter of President Donald Trump plans a “No to Marxism in America” event in a downtown city park in nearby Berkeley.

Opponents will mobilize too, including clowns and drag queens as well as an anti-Trump organizati­on that has sometimes supported violent tactics.

The challenge for law enforcemen­t comes after an Aug. 12 rally of white supremacis­ts in Charlottes­ville, Va., that turned deadly, killing one counter-protester and two state troopers. Police in both California cities traditiona­lly have given demonstrat­ors a wide berth, even when rallies in recent years turned violent as protesters from the left and the right have punched people, destroyed property and engaged in violence.

But the deaths and injuries in Charlottes­ville have police, civic leaders and civil rights groups in the San Francisco area and across the United States rethinking how to respond to hate speech and how to manage competing protests.

The American Civil Liberties Union said it will no longer represent hate groups that demonstrat­e with weapons after it was criticized for persuading a judge to let the Charlottes­ville protest go forward. In Boston last weekend, police successful­ly separated tens of thousands of people shouting anti-Nazi and antiKKK slogans who showed up to protest a much smaller conservati­ve “free speech” rally — but drew some complaints that the speakers didn’t get to be heard.

“We’re in an interestin­g situation, no question about it, where the Bay Area, known for its protection of speech, is also known for how much it deplores discrimina­tion and hate speech,” said Julie Nice, a constituti­onal law professor at the University of San Francisco School of Law.

She said police are in a tough spot because they are constituti­onally obligated to protect even hateful speech until the point that speech crosses the line into violence.

In the San Francisco area, protesters this weekend will face more restrictio­ns and beefed-up police powers than in the past. The Berkeley City Council has expanded the authority of police to confiscate eggs, sticks and other perceived weapons, a position defended by Berkeley’s mayor despite the politicall­y liberal city’s reputation as the birthplace of the free speech movement and a bastion of tolerance.

Mayor Jesse Arreguin said this week he is tired of his city being targeted by people who show up in military wear and support positions that he calls anti-immigrant, anti-Muslim, and anti-gay.

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