Judge upholds removal of "Denver 3" from Bush speech
Andrew McLemore
Published: Friday November 7, 2008


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The ACLU is crying foul after a federal court upheld the ejection of several Denver residents from a public speech by President Bush, The Denver Post reported.

The American Civil Liberties Union brought the lawsuit against three White House staffers, charging them with illegally removing three people from the taxpayer-funded event because of an anti-war bumper sticker on their car.

Leslie Weise and Alex Young are two of the three people, referred to as the "Denver three," removed from the 2005 event before President Bush started speaking.

Chief Judge Wiley Y. Daniel of the U.S. District Court for the District of Colorado dismissed the case, arguing that Weise and Young had no constitutional right to be present.

"President Bush had the right, at his own speech, to ensure that only his message was conveyed," Daniel wrote. "When the president speaks, he may choose his own words."

But the ACLU called the decision a blow to free speech rights and is considering an appeal.

Weise and Young were not demonstrating or obstructing the event, but were removed because White House staffers labeled them as troublemakers when they parked in a car labeled with a "No more blood for oil" bumper sticker, according to a press release from the group.

"We believe the court's ruling overlooked the fact that our clients were excluded from a government event that was open to the general public," said Chris Hanson, lead attorney for the ACLU. "The notion that the president can exclude anyone he chooses from such an event just because he disagrees with their point of view is inconsistent with the First Amendment."

Hanson continued:

"People who disagree with the president have as much right to listen to him speak as his supporters. Handpicking which Americans are allowed entry to public events is unconstitutional and goes against everything this country is supposed to stand for."

The defendant of the lawsuit and the man responsible for removing the "Denver 3", Jay Klinkerman, argued he was just acting under orders from Bush's security team as a volunteer for the Colorado Young Republicans, Face the State reported.

"My client didn’t set the policy or give the orders," said Klinkerman’s attorney John Zakhem. "He just did what he was told. They had no business suing my guy."

 
 


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