[Seattle-editorial] FEATURE PROPOSAL: SEATTLE POSTER BAN OVERTURNED

[gentry lange]

Subtitle: The Seattle Times vs Independent Media and the Voice of the People

[Hi, all, I got working on this a while back and sorta stalled out with 
other projects. But think that a full analysis is in order for the Seattle 
IMC newswire. So here's what I have so far... Gentry]

On Aug. 5., 2002, in a move that marks a new step in free speech litigation, 
the Seattle Poster Ban was overturned by the Washington State Court of 
Appeals. The ruling deemed telephone poles as a "traditional public forum", 
which is therefore protected under the first amendment.

Migthy Movers, who were originally convicted under the Seattle Poster Ban, 
appealed the original decision as a restriction of free speech. With the 
help of Attorney Chase Alvord, they used historical photos of Seattle to 
prove their case.

The Seattle Times immediately came out with an editorial condemning the 
action, stating:

"By the same reasoning [of the Court] if Mighty Movers Inc. had been 
enterprising enough to plaster its posters to the sides of fire stations and 
public schools, those would have become "traditional public forums," too. 
ven the vandals who spray graffiti might file suit against the city, 
declaring that concrete walls had become a 'traditional public forum.'.

However, this is not what the court said. The ruling actually pointed to two 
previous cases, Vincent and Collier. Collier was a Tacoma Case which deemed 
parking strip poles a traditional public forum, while Vincent specified that 
the stabilization wires attached to the poles are not.

Most other papers in Seattle were able to understand the ruling, including 
the Stranger http://www.thestranger.com/2002-08-15/city.html

http://www.seattleweekly.com/features/0232/news-buzz.shtml

http://www.freespeechseattle.org/, An organization mobilized around this 
issue, invites you to write your city council, and convince them not to  
appeal this decision.

When asked to study the decision, The city's own taskforce stated, “The 
issue of Kiosks should be separated from the issue of poles... (find exact 
quote)

With the current suppression of free speech occurring throughout the US, and 
the possibility of a an escalated war with Iraq (Did you know the war never 
officially ended?). It is important to remember that the main case cited in 
terms of free speech restrictions, is the one about shouting fire in a 
crowded theater. While in fact the case cited is about restricting and 
imprisoning Wobblies, who were speaking against entering the first World 
War.





Additional Links

http://www.freespeechseattle.org/

http://www.thestranger.com/2002-08-15/city.html

http://www.cityofseattle.net/council/conlin/ctf.htm

http://lib.law.washington.edu/research/research.html#courtopshttp://www.courts.wa.gov/opinions/opindisp.cfm?docid=491041MAJ

http://lib.law.washington.edu/research/research.html

http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=poleed10&date=20020810



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