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July 31, 2007

Free Speech and the Folk Festival

by at 12:57 pm.

Dick Howe’s already got a write up on the Kevin Thompson (Constitutional Party candidate for MA-05) video from the Folk Festival about his curtailed free speech rights, which you can find here.

First, I just have to say that I despise the Constitution Party. The day they win a seat in Congress will be a sad day for America. While they claim to be for liberty and the Constitution, they want to tell women what to do with their bodies, proclaim the US a Christian nation, and of course gays have no rights according to them.

However, there are two points being made by Thompson with this video - one which deserves debate, and the other which is plainly a simple matter of fairness.

The first is the very concept of these so-called “free speech zones” in the public square. Peace groups and other organizations across this nation have encountered this bizarre concept over the years. If land is owned in public trust (such as the JFK Plaza), can’t it be said to always be a free speech zone? Since others have argued pretty passionately that the Constitution prohibits sign ordinances (that may or may not be in place in Lowell) against political signs on private property, what about public use of public land? So, that’s a debate to have (and I’m not sure what the answer is, though I disagree with Dick - I doubt the Folk Fest people really considered all the constitutional ramifications of having such a policy, they are just following the policy everyone else employs, rightly or wrongly.)

The second issue, and the real problem, is who followed the rules and who didn’t. That is an issue of basic fairness, and I do know the answer to this one.

The Eldridge campaign came out for the Festival on Saturday and I joined them. They were told by Festival people, no signs, no handouts. You can come, and you can talk to people, but nothing else, says they. Apparently, other campaigns were being told different things about “Free Speech Zones,” but more on that later. For now, suffice it to say I met Jamie and his entourage from the time they parked their cars, to the time they left in their cars, and Jamie and his people followed the rules they were told to. No signs, no handouts. We wore teeshirts with Jamie for Congress on them, and we wandered around talking to people.

This, despite the fact we too witnessed the Ogonowski crew with multiple signs, right near the “entrance” to the Folk Fest, where people stream in from the parking garage and much of the food is located. I had also seen them on Friday night as well. It steamed me at the time, because of what I knew the Festival people had told Jamie’s campaign. Did Ogonowski’s people even bother to find out the rules? Or were they just ignoring them? Either way, they should have been stopped.

I also have heard other candidates passed out handouts (frisbees?). Perhaps they were in one of the famous “Free Speech Zones” that we were not told about. (Trust me, Jamie’s people really would have loved to have the chance to pass out information.) Regardless, the information, and the enforcement, of the rules for candidates was inconsistent. The blame falls squarely on the shoulders of Festival organizers and the Lowell National Park employees, much as I love those guys. Never mind the fact that it’s questionable to stop someone from campaigning in the public square, especially if they are gathering official state of Massachusetts petition signatures (either for ballot initiative or candidacy status). I seem to remember people doing it last year for the Green party for Grace Ross, by the way, which I gladly signed.

15 Responses to “Free Speech and the Folk Festival”

  1. Mimi Says:

    Lynne:

    In retrospect the best thing would be for the National Park Service and its Festival partners (Lowell Festival Foundation, Convention Bureau, National Council for the Traditional Arts, and the City of Lowell) to publish and distribute a policy through the media. It seems that the campaigns had a different understanding as to what could be done.

    I am not sure what the designation of City Hall Plaza is during the Festival but I do believe it comes under the jurisdiction of the Park Services for that weekend.

    In fairness to the organizers, in its 21 year history, the Festival has not coincided with many high profile political races. So they do not have a long track record of having politicians campaign during that weekend.

    How do we balance the right of free speech and at the same time protect the flavor of the festival so that its music, food and dancing is not drowned out by those who are there just to push a political agenda?

  2. Eleanor Rigby Says:

    I recall seeing city council candidates at past folk festivals handing out literature, one year didn’t Rita Mercier have a plane buzzing the folk fest pulling a campaign banner?

    I am surprised at two things.
    One, that the folk fest people would object and
    Two, that anyone would have asked.

    It’s a public festival in a public place with no admission fees. Does this mean that in 2 years if a MA5 candidate wants to be a festival sponsor he/she can get banners on stage exclusive of all other candidates?

  3. mc - Groton Says:

    Lynne,

    Great post on the “free-speech” zone, which sounds like an oxymoron to me! The Folk Festival enforced the same rules for the John Kerry and Deval Patrick campaigns in 2004 and 2006. In fact, we had to get a permit the day before the event. We were sent back to the front of City Hall if we strayed into the crowd with handouts or signs, even if we just wanted to watch the parade……mc

  4. The Prince of Darkness Says:

    The Folk Festival is slowly becoming a carnival. We have begun to pander to popularity. With the flea market atmosphere and outdoor drinking, it’s not as the original planners had intended. Political signs, leaflets etc were not allowed at any time, period. I actually saw someone in charge go after a politician and tell him that he would be bodily removed if he didn’t get rid of the signs. And that’s how it ought to be. How much mileage does a council candidate get there anyway? Most of those in attendance are from out of town. The paper wants to ban Fido and cheese fries from the festival. I’ll take cheesy fries over cheesy politicians anyday.

  5. Mr. Lynne Says:

    I actually don’t care or mind either way just as long as everyone plays by the same set of rules.

  6. Mike Says:

    Eldridge and Finegold should drop out and get behind Eileen. She’s the only one that has a shot to take this person out who didn’t even live in the district, but its being diluted by these two.

    As for the subject, all candidates should be policed the same. But the folk festival is a giant event run by volunteers, and you get what you pay for. They do a great job with this thing, I’m sure it wasn’t about favoritism but was about the fact that they have a lot of other things to worry about while trying to chase political telemarketers around on the side.

  7. Lynne Says:

    Why not Eileen drop out and support someone else? Just saying. It makes about the same amount of sense.

  8. James Says:

    From what I can remember from years past is that campaigns were allowed to give out information at certain areas, usually at JFK. I remember Rita Mercier giving out paper fans, just like Niki Tsongas did this year. I do remember there being some sort of edict against campaign signs like Ognowski carried with him this year. Obviously there should be free speech, but without limiting it, the campaigns could get in the way of the festival. Concievably, someone could walk up onto the stage and interrupt the performance in the name of “free speech.” Nobody is going downtown the last weekend in July to be solicited by a political campaign. I think that letting them get their message out in a set area is more than fair.

  9. Mike Says:

    Because Eileen is polling better than the other two, and is far more electable in being the former mayor and current councilor in the most important city in the district.

    But that’s besides the point, I was saying it somewhat tounge in cheek. I don’t expect anyone to give up, but like Nadar a few years ago, I just wish they would for greater good.

    Agree with James. Nobody wants to be solicited by a political campaign at the folk fest. I understand the campaigners just look at it as being visible to a whole bunch of voters at once, but it just comes off as annoying. If the park could ban them all, I’d be all for it.

  10. Mimi Says:

    Mike:

    If you have not already done so, can you volunteer a few hours a week at Eileen’s headquarters to do phone banking? She will also need help on election day. Thanks.

  11. Mike Says:

    I think telecampaigning is just as annoying, and not really productive to a campaign. I’ll take a pass but appreciate the invite.

  12. Mimi Says:

    Mike:

    Fine, then just send money. :-)

  13. Lynne Says:

    Eileen isn’t polling better than the other two, Finegold as I recall had her beat. All candidates other than Niki went up in Donoghue’s poll, and there’s 23% or so undecided. And Jamie doubled his support in a very short time. So, who should drop out?

    Personally, I think no one who wants the job should drop out. I’m kinda getting sick of everyone suggesting it, because it’s such a cop out. If you want your candidate to win, then get off your ass. Sheesh.

  14. Imogene Says:

    I think the larger issue is…when did the National Park Service become the Gestapo for the Lowell Folk Festival? It’s repugnant that we are paying Lowell National Park employees to deprive people of free speech on public property they don’t even own or manage. What kind of public agency enforces that kind of policy? If the Lowell Folk Festival committee wants to create “free speech zones” they can put some artsy person in a colorful t-shirt out there to enforce it…don’t put a payed public employee in a uniform and a badge out there to deny free speech. Who’s responsible for that decision? And how much are we paying Lowell National Park to be told where we can and cannot speak?

  15. Mike Says:

    Actually, all of downtown is a national park which they do manage aspects of, and are one of the few top partners in the folk festival, so they very much do play a significant role in this. My understanding is they brought the folk festival here to begin with.

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