Althouse: Conservative group sues to paint its own message on the street in Washington D.C....

July 2, 2020

Conservative group sues to paint its own message on the street in Washington D.C....

"... after the city wrote 'Black Lives Matter' on one street and allowed protesters to paint 'Defund the Police' next to it. The conservative group said the city has effectively turned its roadways into a public forum, and so it must allow those with differing viewpoints than BLM protesters to have the same access, or else it’s violating the First Amendment."

The Washington Times reports.

I think the messages currently painted on the street are government speech, and government can and has taken a point of view, but it's worth forcing the government to state that position clearly and disavow the notion that it is simply allowing the protesters the freedom to express themselves. It will need to own that speech to win.

56 comments:

rhhardin said...: Zone School is pro-segregation.; 7/2/20, 5:08 AM
rhhardin said...: government can and has taken a point of view

"To can" partners with "to must" in a free country.; 7/2/20, 5:11 AM
wendybar said...: Like I've said before.....we should paint BLACK LIVES MATTER on the streets in front of every planned parenthood Chopshop. It's only right.; 7/2/20, 5:11 AM
traditionalguy said...: Terroristic threats written by a City on To its own streets. You gotta love free speech. DC is definitely a town without pity for Trump voters. Maybe they should riot back.; 7/2/20, 5:27 AM
The Vault Dweller said...: They should spray paint, "No Lives Matter". It would at least be equitable.; 7/2/20, 5:28 AM
clint said...: When the city wrote 'Black Lives Matter', that looks like government speech.

When the city passively allowed protestors to write 'Defund the Police' -- that should be a much harder argument, since it's clearly speech directed at the government.; 7/2/20, 5:48 AM
Oh Yea said...: Government speach was when the the city wrote “Black Lives Matter” on one street, no issue. However the issue is when the city allowed the protesters to paint “Defund the Police” next to it. What was the procedure to allow this group to paint its message but disallow other groups to paint their message?; 7/2/20, 5:52 AM
Left Bank of the Charles said...: Conservatives arguing for the right to graffiti. Wow.; 7/2/20, 6:02 AM
Ingachuck'stoothlessARM said...: No Left Turn; 7/2/20, 6:02 AM
Mr. Forward said...: Mrs. Forward was driving the Coronavirus RV when we plowed through a group of confederate statues trying to block the interstate. No harm was done, they were confederates.; 7/2/20, 6:03 AM
Howard said...: More speech, more better. Most everywhere government has endorsed BLM by painting the streets black. What's wrong with blue streets? We need to honor are gladiators too.; 7/2/20, 6:08 AM
Bill, Republic of Texas said...: and allowed protesters to paint 'Defund the Police' next to it.

Isn't that the problem.; 7/2/20, 6:08 AM
Bill, Republic of Texas said...: Ithink the messages currently painted on the street are government speech, and government can and has taken a point of view,

What if operation rescue painted "Black Lives Matter on the roads in front of abortion clinics?; 7/2/20, 6:20 AM
Dave Begley said...: BLM is a trademarked phrase and a private group that is raking in millions now. Isn’t this government speech supporting and endorsing a private company that just happens to be both Marxist and violent?

What if DC painted “Jesuits Matter”’ on city streets? Wouldn’t the Jesuits get more money via donations?; 7/2/20, 6:26 AM
Laslo Spatula said...: "...and government can and has taken a point of view,..."

But can this be seen as a political ad for a cause that could be before voters?

The government can allow that, when it could be before the courts?

Seems odd to me.

I am Laslo.; 7/2/20, 6:30 AM
Breezy said...: BLM is a Marxist organization. Why does our democratic republic government get to “speech” that? Seems a commission and a vote would be a necessity, at the very least.; 7/2/20, 6:34 AM
richlb said...: Paint is a different surface than asphalt. If there is rain and a car hydroplanes on that portion of the road causing an accident can the driver sue the city for the unsafe driving condition?; 7/2/20, 6:44 AM
MountainMan said...: DeBlasio has announced plans to paint a similar "Black Lives Matter" in Manhattan in front of Trump Tower.; 7/2/20, 6:48 AM
tim maguire said...: I think the messages currently painted on the street are government speech,

That's quite a loophole you're carving out there--viewpoint discrimination on political issues is ok if the government stands behind it?

Left Bank of the Charles said...Conservatives arguing for the right to graffiti. Wow.

It's not graffiti. Nice try, though.; 7/2/20, 6:58 AM
gilbar said...: But can this be seen as a political ad for a cause that could be before voters?

Oh, come on ! It's not like they painted
VOTE DEMOCRAT
On the Street... hmmm..

Well, Actually; it's Exactly like they did that; 7/2/20, 7:09 AM
mikee said...: Jesuits?! Well of course they matter. Who do you think ran the Spanish Inquisition?
Vote Torquemada - or else!; 7/2/20, 7:11 AM
JRoberts said...: Slightly OT, but I was amused by how quickly Google Maps updated their satellite image of that portion of Washington, DC to make the BLM signage (and the renaming of the street) visible.; 7/2/20, 7:21 AM
Temujin said...: If it is Government speech, then can the Government be accused of infringing on the rights of others living in their jurisdiction?

Can the citizens, if so inclined, refuse to follow other edicts of that Government because they have shown hostility to their citizenry? Not that the citizens of Washington DC would do that. They don't actually think for themselves.; 7/2/20, 7:23 AM
Dave Begley said...: Addendum. Should paint on the street, “Jesuit Education Matters.”; 7/2/20, 7:49 AM
Robert Cook said...: "We need to honor are gladiators too."

Who are "are" gladiators? The police? Oh, for heaven's sake!

(Even as an attempted valorizing metaphor, it is silly: gladiators were slaves trained to fight and harm each other for the entertainment of the paying public.); 7/2/20, 7:54 AM
NCMoss said...: I'm almost hoping they allow pro athletes to display woke political messages on their jerseys, protest the national anthem or raise the black power fist; it promotes free speech and provides the opportunity for an immediate Get Woke Go Broke moment.; 7/2/20, 7:59 AM
Michael K said...: What if DC painted “Jesuits Matter”’ on city streets? Wouldn’t the Jesuits get more money via donations?

I suspect the Jesuits are behind BLM. After all, look at what has happened to Georgetown.; 7/2/20, 8:12 AM
Dave Begley said...: I hear the NBA is allowing something other than their names to appear on the back of players' uniforms. I would hope that Doug McDermott, Kyle Korver, Anthony Tolliver and Khyri Thomas would put "Creighton University."; 7/2/20, 8:57 AM
TrespassersW said...: Left Bank of the Charles said...
Conservatives arguing for the right to graffiti. Wow.

No. Conservatives arguing for the same rules applying to everyone.; 7/2/20, 8:59 AM
Dave Begley said...: I forgot Justin Patton too. Omaha native along with Thomas; both black.; 7/2/20, 9:36 AM
The Crack Emcee said...: The Leftists exploited blacks - to taunt the POTUS
.

Now conservatives want to taunt blacks - to defend the president.

Nobody sees they're all screwing blacks - which is why blacks stay so #angry.; 7/2/20, 9:44 AM
Howard said...: Blogger Robert Cook said...

"We need to honor are gladiators too."

Who are "are" gladiators? The police? Oh, for heaven's sake!

(Even as an attempted valorizing metaphor, it is silly: gladiators were slaves trained to fight and harm each other for the entertainment of the paying public.)

It was attempted parody, but point taken. Praetorian Guard, Cohortes urbanae maybe? The riot cops with all their gear, however, look like modern gladiators, no? Also, they are from similar low status (they screen out high IQ) as those they are tasked to violently control so there is that similarity of elites playing the lower class off each other. Trump supporters do get off on the violent riot porn especially when the mob of thugs are actually helpless peaceful protestors. Not too dissimilar to the raving bloodthirsty crowds in the Colosseum.; 7/2/20, 9:49 AM
mccullough said...: Better argument that the DC government is establishing a religion.

Perhaps it’s just a secular cult.

Either way, violent crime is increasing in DC, like most major cities.

This morally narcissistic movement is increasing the number of blacks killed by other blacks.; 7/2/20, 9:54 AM
Joe Smith said...: How about 'Can't we all just get along?' Or, something my father once told me that I tell my kids, 'It doesn't cost anything to be nice to people.'; 7/2/20, 10:14 AM
DanTheMan said...: >> the same rules applying to everyone.

This is now considered racist. Just like having race-neutral rules is now racist.

In the future, everything will be racist, but not for just 15 minutes.; 7/2/20, 10:23 AM
Char Char Binks, Esq. said...: I decide what matters.; 7/2/20, 10:40 AM
Narayanan said...: Emerita Professora says : government can and has taken a point of view; own it and win it
----------============
you are not saying "BLACK LIVES MATTER" can then enjoy trademark protection as if owned by X=USA?

if not how do you stop reuse by anyone on any street and how do you stop dissenting wording on any street ? anytime?; 7/2/20, 10:56 AM
Bunkypotatohead said...: Forget it Jake, it's DC.
Besides, if black lives really mattered, there wouldn't have been 295,000 black abortions last year. One fourth the white population, but equal in dead babies.; 7/2/20, 11:07 AM
Narayanan said...: is it government speech, if painting (expressive performance) was done by non-governmental actors? uncompensated etc?; 7/2/20, 11:13 AM
n.n said...: Some, select, Black Lives Matter. The Supreme Court will need to rule on diverse precedents constructed on Pro-Choice, selective, opportunistic, politically congruent religious (or its relativistic cousin "ethics") grounds.; 7/2/20, 11:29 AM
n.n said...: DeBlasio has announced plans to paint a similar "Black Lives Matter" in Manhattan in front of Trump Tower.

Yeah, DeBlasio is Pro-Choice. And Planned Parent (PP) in front of DeBlasio's residence.; 7/2/20, 11:31 AM
Drago said...: Left Bank of the Charles: "Conservatives arguing for the right to graffiti. Wow."

Left Bank attains Freder/Inga levels of "wrongness" more and more frequently these days.; 7/2/20, 12:17 PM
sunsong said...: LOL

good luck with that

to say black lives matter is a necessary truth; 7/2/20, 12:40 PM
The Crack Emcee said...: To say "All Lives Matter" Is the same as walking on a cancer ward, declaring "THERE'S OTHER DISEASES , Y'KNOW."; 7/2/20, 12:51 PM
n.n said...: "Conservatives arguing for the right to graffiti. Wow."

No, it's an argument against graffiti, and other forms of vandalism of public and private properties.; 7/2/20, 1:03 PM
n.n said...: In the future, everything will be racist, but not for just 15 minutes.

Diversity (i.e. color judgments) and exclusion (e.g. political congruence), not limited to racism.; 7/2/20, 1:05 PM
PM said...: How do we know white people won't drive their cars over the Black Lives part on purpose?; 7/2/20, 1:28 PM
alanc709 said...: "The Crack Emcee said...
To say "All Lives Matter" Is the same as walking on a cancer ward, declaring "THERE'S OTHER DISEASES , Y'KNOW."

To say Black Lives Matter is the same as walking into a cancer ward and declaring "It's okay if you white people with cancer die, y'know".; 7/2/20, 1:49 PM
Drago said...: The Crack Emcee: "To say "All Lives Matter" Is the same as walking on a cancer ward, declaring "THERE'S OTHER DISEASES , Y'KNOW."

Why are you here when muslims are selling blacks into slavery, today, in open air slave markets in the middle east?; 7/2/20, 1:52 PM
Joe Smith said...: "Nobody sees they're all screwing blacks - which is why blacks stay so #angry."

It seems to me that blacks have allowed themselves to be screwed quite willingly by the Democrat party for a long time now.; 7/2/20, 3:02 PM
Joe Smith said...: Mr. Emcee...it's not all about you (or any black person for that matter). You're black, get over it.

Democrats have been treating blacks like children and worse for a long time. I keep hearing about this or that 'community,' so how about the black community getting its own act together? If I were any 'person of color' I would be incensed by the patronizing nature of the left in this country. Aren't you smart? hard working? Honest? Then go out and make things happen and quit leaning on the crutch of 'racism' and affirmative action. Everyone will admire you for it.

If blacks keep waiting for someone else to solve their problems we'll be here for a long time...; 7/2/20, 3:25 PM
rcocean said...: Exactly. Make DC state clearly and publicly that that streets will be used for Democrat Propaganda approved by the Mayor and No one else. Of course, if they start letting other groups paint their messages on the street, while refusing conservatives, they got a problem.; 7/2/20, 3:26 PM
NMObjectivist said...: This is viewpoint discrimination. Judicial watch wins.; 7/2/20, 4:50 PM
Francisco D said...: The Crack Emcee said... To say "All Lives Matter" Is the same as walking on a cancer ward, declaring "THERE'S OTHER DISEASES , Y'KNOW."

That is an OK analogy except that cancer patients are not screaming to people that cancer is the only disease that matters because they have it and you don't.

There are other diseases and there are other issues in life besides the misfortunes of the Black community.; 7/2/20, 5:19 PM
Nichevo said...: Also, they are from similar low status (they screen out high IQ)

I did not know that about the Marines! But if you say so.; 7/2/20, 7:33 PM
ken in tx said...: Crack, I don't think you need any stimulus to stay angry. You are self stimulating in that department.

P.S. glad to see you back here.; 7/2/20, 9:18 PM