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DNC Protests Can Be Contained

Federal Judge Rules In Favor Of City, Secret Service

POSTED: 4:41 pm MDT August 6, 2008
UPDATED: 5:12 pm MDT August 6, 2008

A federal judge said the city of Denver and the U.S. Secret Service can place restrictions on those who would protest at the Democratic National Convention and the restrictions in place do not violate First Amendment rights.

The 71-page ruling was released Wednesday afternoon and only affects events at the Pepsi Center, where the first three days of the convention will be held.

The final day's events will be held at Invesco Field at Mile High and a separate trial for protest restrictions is scheduled for Aug. 12.

The American Civil Liberties Union, American Indian Movement, Recreate 68 and Tent State University, among others, filed suit against the city of Denver and U.S. Secret Service claiming the location and configuration of "Public Demonstration Zones" as well as restrictions on parade routes and times were in violation of their First Amendment rights.

Protest groups said the zones and parade routes were "outside the 'sight and sound' of delegates and the Pepsi Center building itself."

In her Opinion and Order, Judge Marcia Krieger concluded, "The Court finds that the Plaintiffs have shown that the challenged restrictions affect their ability to engage in expressive activities in traditional public fora. However, the Defendants have shown that the restrictions are content-neutral, that they are narrowly tailored to serve important governmental interests, and that there are adequate alternative channels by which the Plaintiffs can communicate their messages. Thus, the Plaintiffs have not shown that their First Amendment rights will be infringed, nor that they are entitled to any injunctive relief. Judgment will enter in favor of the Defendants as to claims with regard to the Pepsi Center."

The Democratic National Convention is scheduled for Aug. 25 through Aug. 28.

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