California “Protest Ban” Is Unconstitutional

An organization called “Protect Democracy” sent a letter to California Governor Gavin Newsom and the California Highway Patrol (CHP) asking them to stop banning protests during the Wuhan Flu epidemic.

CHP’s policy is currently unconstitutional.

As constitutional attorney David French tweeted, “California’s ban on protests is clearly unconstitutional. It’s indefinite, and it doesn’t even allow for the possibility of compliance with social distancing. That’s too far. Even in a pandemic.”

The letter also gives recommendations to the government on how to change their policies so they won’t violate the Constitution.  This includes, “issuing a written policy on any limitations on protests, defining the ban’s duration, tailoring the ban to enable protests that meet social distancing guidelines, and exempting in-car protests.”

The letter was signed by leading Constitutional organizations, experts, and scholars, including:

Floyd Abrams, Lyrissa Lidsky, Laurence Tribe, the Niskanen Center, and the Center for Media and Democracy.

I agree.  Our Founding Fathers would agree, too.

Benjamin Franklin once said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

California has the chance to be constitutionally compliant. 

They should take it.

Hat Tip: Protect Democracy