Published: 04.18.2006
Denogean: Free speech extends to flag burners
ANNE DENOGEAN
Defending people who burn flags is an unpleasant job. But free speech is free speech, even if you don't agree with it.
Especially when you don't agree with it.
And sometimes the free speech that is most objectionable can produce positive results.
Late last week, the April 10th Immigrant Rights Coalition decided to blame the city of Tucson and the Tucson Police Department for the near-riot that occurred at the end of an otherwise peaceful march and rally that drew 10,000 to 15,000 people April 10 in support of reasonable immigration reform.
The coalition is "outraged" that the city allowed the Border Guardians to burn Mexican flags and hold a counter-protest on the northern edge of Armory Park, in the midst of the larger event.
"This is not an issue of free speech; this is an issue of public responsibility and public safety," the coalition said in a written statement.
Not an issue of free speech? Are you kidding?
The coalition is essentially saying the Border Guardians had the right to burn the Mexican flag. But it is ticked off that the group was allowed to do so in the same location, a public park, that the coalition was using to exercise its right to free speech.
"They could have had the same First Amendment rights, expressing right across the street, where it's safer for police and safer for the organizers and participants," said Kat Rodriguez, a coalition spokeswoman.
The American Civil Liberties Union doesn't buy it.
Shuffling a counter-protest into a corner is a way to make sure the message is not heard and is a pretty clear violation of free speech rights, said ACLU of of Arizona Executive Director Alessandra Soler Meetze.
"In this case, safety is likely a pretext for censorship of something that the people there might have found offensive," she said.
City Attorney Mike Rankin, said he didn't recommend Tucson police move the Border Guardians because it was so obviously a free speech issue.
Immigration protesters arranged to use the park, but the city doesn't promise exclusive use of an entire park, he said.
"The police have certain abilities to keep folks separate, to preserve the peace, keep safety. But you can't just exclude people from the park based on the nature of their speech," he said.
It's unfortunate that a few people couldn't control themselves and threw a plastic water bottle, water and a stick at the counter-protesters. It's unfortunate that a large crowd pursued police out of the park as police arrested the violators. And it's unfortunate that some in that crowd got pepper-sprayed (bad things happen when you chase police).
The march and the rally, however, were still effective demonstrations of the importance of Hispanics, of all citizenship statuses, to the fabric of our community. And the April 10th Immigrant Rights Coalition, made up of the 36 groups that organized the event, is foolishly giving away its spotlight to the counter-protesters by turning them into free-speech martyrs.
Let them be heard. Let their hateful speech sink their cause.
Tucsonan Alexander Maldonado, a U.S. Air Force veteran, was deeply upset by the flag burnings and wrote me a letter.
He has been apathetic about government until now. As the Border Guardians burned the flag of our neighbor, Maldonado thought of his Mexican-born father who became an American citizen, was awarded a Purple Heart in World War II and was buried in 1993 with an American flag draped over his casket for his service to the country.
"He had served this country and was wounded in doing so, and now the flag of his nation of origin was being burned as if his service to this country was not even thought of," Maldonado wrote. "This is a land of immigrants and we all stand under two flags, one is of our heritage and the other is the American flag."
Maldonado told me during a phone call that the protests made him want to get involved. But it was the flag burning that nudged him over the edge and set his mind on doing something he has never done before.
On April 24, 2006 - his 49th birthday - he will register to vote for the very first time. Then he plans on using his one vote to support the cause of fairness and opportunity for all, he said.
That's why I say to those who would muffle the voice of the Border Guardians and groups like it that free speech is nothing to fear.
Anne Denogean can be reached at 573-4582 and adenogean@tucsoncitizen.com. Address letters to P.O. Box 26767, Tucson, AZ 85726-6767. Her columns run Tuesdays and Fridays

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