We Americans love our freedoms, and many of them are outlined in the First Amendment, including “the right of the people to peaceably assemble,” or, in simple terms, the right to protest.
The Occupy movement has taken full advantage of this right despite a widely publicized violent encounter in Oakland, Calif. It may be more difficult for them to do so if cities start charging the protestors.
Phoenix City Councilman Sal DiCiccio made an off-the-cuff remark about charging protestors. DiCiccio said it out of frustration at how much the protests are costing the city — estimated to be more than $200,000.
This idea, should it become law, would not stand a high chance of being held up in court. The Supreme Court has ruled against these types of issues, and would most likely do so again.
In the 1966 case Harper v. Virginia Board of Elections, the High Court found Virginia’s poll tax to be unconstitutional. No matter the initial reasoning for implementing a protest tax, it would have the same end result of a poll tax — those who are poor or not as well off would not be able to exercise their fundamental right to protest.
The Court cited the Equal Protection Clause in the 14th Amendment. Section 1 of the Amendment prevents any state from creating or enforcing “any law which shall abridge the privileges or immunities of citizens of the United States.”
It also says that states cannot “deny to any person within its jurisdiction the equal protection of the laws.”
The protest tax violates every clause cited. It “abridges” the citizens’ right to protest and offers unequal protection to citizens. Those who can afford to pay still have their rights protected; those that cannot afford such a ruthless fee can’t protest.
If for some reason we got past the Constitutional argument, how would such a policy be implemented?
Perhaps the city could charge protestors a one-time fee, or maybe they might make them pay per day. Maybe the fee could be doubled if they stay overnight. The end result of such a measure would be not just discriminatory, but also difficult to implement.
If Phoenix would like to institute a protest tax to pay for the overtime of the policemen who are constantly there, then we may as well go back to poll taxes.
The act of voting costs money — buying the paper to make the ballots, the operation of polling centers, etc. — and citizens don’t pay a dime, just as it should be.
People should not be required to pay a fee so they can exercise their right to protest just so the city can save money.
