No wonder there's a Dahlia Lithwick fan page
Tyranny in the Name of Freedom
By DAHLIA LITHWICK
So it has come down to this: You are at liberty to exercise your First Amendment right to assemble and to protest, so long as you do so from behind chain-link fences and razor wire, or miles from the audience you seek to address.
The largely ignored "free-speech zone" at the Democratic convention in Boston last month was an affront to the spirit of the Constitution. The situation will be only slightly better when the Republicans gather this month in New York, where indiscriminate searches and the use of glorified veal cages for protesters have been limited by a federal judge. So far, the only protesters with access to the area next to Madison Square Garden are some anti-abortion Christians. High-fiving delegates evidently fosters little risk of violence.
It's easy to forget that as passionate and violent as opposition to the Iraq war may be, it pales in comparison with the often bloody dissent of the Vietnam era, when much of the city of Washington was nevertheless a free-speech zone.
It's tempting to say the difference this time lies in the perils of the post-9/11 world, but that argument assumes some meaningful link between domestic political protest and terrorism. There is no such link, except in the eyes of the Bush administration, which conflates the two both as a matter of law and of policy.