It seems Burk needs to take a crash course in the First Amendment.� She's 0 for 2 when it comes to the freedoms protected by those 45 words so far. Martha Burk's Constitutional Lesson Continues

You'll have to forgive Martha Burk; she's no constitutional scholar.� For months, the Center for Individual Freedom has been trying to teach the Chairman (meant gender-neutrally, of course) of the National Council of Women's Organizations about those 45 words known as the First Amendment, specifically, the freedom of association.� But despite the great weight of constitutional authority, Burk has continued to wage a campaign against the fundamental right of members in a private club to associate with whomever they wish.

Now Burk is having trouble understanding the limits on another First Amendment liberty -- her own freedom to speak.

Last weekend, Burk made her first visit to Augusta, Georgia, to scout out protest sites near the famed Augusta National Golf Club.� The public stir is aimed at forcing the club to admit its first female member by turning the Masters, golf's most prestigious tournament, into a spectacle for reasons other than Tiger Woods' long drives and Phil Mickelson's next attempt to win a major title.� "I hope the club does [admit a woman] and saves its members, the players and the city of Augusta [from] a difficult period in April," Burk told the Augusta Chronicle.� However, in visiting Augusta for the first time, Burk realized there may not be any place near the golf club where she can mount her demonstrations.

Augusta-Richmond County officials have already gone on record to explain that protesters will not be allowed near the golf club's main gates because of traffic and safety concerns on heavily traveled Washington Road.� But Burk said the alternatives mentioned are too far from the club and not suitable for her purposes.� Apparently Burk believes protesters have a constitutional right to free speech wherever, whenever and however they choose to exercise it.

Once again, Burk is constitutionally and legally wrong.

It's true that the First Amendment commands that the government "shall make no law ... abridging the freedom of speech," but that protection has never meant that individuals have an absolute right to speak any where, any time and in any manner they choose.� Surely Burk and her ilk understand that the Constitution doesn't grant them carte blanche to exercise their speech rights on the private property of others without the owners' permission.� They'd be trespassing.� And even when it comes to public property, government can limit the "time, place, and manner" of public demonstrations or, for that matter, any speech without violating the First Amendment so long as the restrictions are not based on the content of the expression and leave open ample alternatives.

As the U.S. Supreme Court explained just last term: "Regulations of the use of a public forum that ensure the safety and convenience of people are not 'inconsistent with civil liberties ... [but] are one of the means of safeguarding good order upon which [civil liberties] ultimately depend.'"

Thus, Burk and her henchmen (again, meant gender-neutrally, of course) do not have any legitimate constitutional complaint against Augusta-Richmond County.� No one's censoring Burk's message, they're just ensuring a safe and orderly debate, and community for that matter.

It seems Burk needs to take a crash course in the First Amendment.� She's 0 for 2 when it comes to the freedoms protected by those 45 words so far.

To read more about Burk's campaign against free association rights, click here.

February 13, 2003
[About CFIF]  [Freedom Line]  [Legal Issues]  [Legislative Issues]  [We The People]  [Donate]  [Home]  [Search]  [Site Map]
� 2000 Center For Individual Freedom, All Rights Reserved. CFIF Privacy Statement
Designed by Wordmarque Design Associates
Conservative NewsConservative editorial humorPolitical cartoons Conservative Commentary Conservative Issues Conservative Editorial Conservative Issues Conservative Political News Conservative Issues Conservative Newsletter Conservative Internships Conservative Internet Privacy Policy How To Disable Cookies On The Internet