> The unconstitutionality of the exclusion zone is that it limits the rights > of peaceful assembly in an area considered a national marine sanctuary. Assembly is always limitable in terms of place and manner. 1500 foot distance for underway vessels is never going to be considered an unreasonable restriction on place and manner. > Figuratively, this would be similar (roughly) to the US marshalls closing > off an area where the klan were holding a rally to prevent public We do this all the time, its called "parade permits". They set distances that the parties have to stay away from each other that usually don't interfere to much with their individual purposes, while allowing the expression to continue. The president shows up, the protesters are hearded into a restricted area away from the scene, so the pres can have his photo op, and the people can still protest. Neither gets to prevent the other from doing their thing. Richard Walker Houston, TX *************************************************************************** PaddleWise Paddling Mailing List Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.gasp-seakayak.net/paddlewise/ ***************************************************************************Received on Thu Jul 30 1998 - 18:57:55 PDT
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