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JGR/Reagan-Bush Rallies Guidance
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JGR/Reagan-Bush Rallies Guidance
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Reagan-Bush Rallies Guidance
Box: 46
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
113 Box 46 - JGR/Reagan-Bush Rallies Guidance - Roberts,
John G.: Files SERIES I: Subject File
THE WHITE HOUSE
WASHINGTON
8/29/84
To:
John Roberts
Sherrie Cooksey
From: Fred F. Fielding
I would like your comments on the
issue of constitutionality on the
his afternoon.
enclosed draft this afternoon.
THE WHITE HOUSE
WASHINGTON
August 29, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
SHERRIE M. COOKSEY form
JOHN G. ROBERTS
OR
SUBJECT:
Draft Press Guidance Regarding
Signs at Reagan-Bush Rallies
This will respond to your request for our views on the constitu-
tionality of the above-referenced press guidance.
The guidelines in the proposed press guidance assume two
categories of Reagan-Bush rallies: those to which the general
public is invited (I 3), and those the campaign totally con-
trols, by renting the facility, limiting admittance to ticketed
individuals, etc. (I 4).
on
in
5 3 In our opinion, the exception in I 3 to the general principle
of no restrictions on signs at public Reagan-Bush rallies is
al
challer susceptible to constitutional challenge. Applicable case law
may
place recognizes that government may place "time, place, and manner"
restrictions on certain expressions of First Amendment freedoms.
Such restrictions, however, must be "content-neutral,
...
narrowly tailored to serve a significant government interest,
and leave open ample alternative channels of communication."
Perry Education Association V. Perry Local Educators' Associa-
tion, 103 S. Ct. 948, 955 (1983). In this instance, the
proposed guidelines are content-neutral. It is doubtful,
however, that easing entry into a political rally would be
considered a significant enough government interest to support
the proposed total ban on signs. Nor is it likely that a
total ban on signs would be considered "narrowly tailored" to
promote this interest. Rather, it is more likely that a
Federal judge would simply say that more magnetometers should
be obtained, or that it is not a significant enough government
interest that 4000 rather than 6000 people be granted entry to
a Presidential campaign rally to infringe First Amendment
rights in this manner. Accordingly, we recommend revising I 3
of these proposed guidelines to read as follows:
- at rallies or events to which the general public is
invited, it is expected that any hand-held signs (not on
sticks) will be permitted.
Although we believe the guidelines for use of signs in ticketed
or "private" Reagan-Bush rallies are constitutionally defensi-
ble, we note that it will always be a question of fact whether
-2-
such events are, in fact, "private" as opposed to "quasi-public".
The applicable case law has varied on the extent to which
restrictions on speech at "quasi-public" forums (such as
privately-owned shopping centers) are permissible. Accord-
ingly, while we agree that Reagan-Bush may reserve the right
to determine who may attend and what material, if any, may be
brought into its "private" events, we recommend the Advance
Office be advised to consult us before any sign restrictions
are established for large ticketed events. Additionally, we
recommend that the Advance Office be advised that while it is
true that any restrictions on signs must be implemented
without regard to the content of the signs, non-discrimination
is not the only element involved in creating sustainable
restrictions on the use of signs at Reagan-Bush rallies.
Finally, absent compelling press interest to the contrary, we
suggest that these guidelines be used only internally at this
time.
Draft
THE WHITE HOUSE
WASHINGTON
PRESS GUIDANCE REGARDING SIGNS AT RALLIES
Recognizing that any policy should and will be consistent with
the First Amendment rights of all individuals, the following
guidelines are being observed by Reagan-Bush '84 personnel and
volunteers:
-
signs of any nature will not and never have been prohibited
along parade and motorcade routes or other public areas, unless
the Secret Service acts independently to limit particular signs
at its discretion for security reasons,
-
as a matter of security, the Secret Service will not allow
signs on sticks or that could otherwise be used as a weapon or
hurled harmfully to be carried into campaign rallies for the
President,
-
at rallies or events to which the general public is invited,
it is expected that any hand-held signs (not on sticks) will be
ious that permitted nounless it obvious that due to time constraints it
entry is inecessary to restrict the entry of signs in order to provide
I of peop access hto rthe maximum number of people to the restricted area of
all Signs the crallysm) In sucheevent, all signs (pro or con) will be
excluded,
-
at rallies or events which Reagan-Bush '84 totally controls,
i.e., to which admittance is by ticket only, the facility is
leased by Reagan-Bush, etc., the Committee reserves the right to
determine who may attend and what material, if any, may be
brought into the event.
-
In Cincinnati, as a means of facilitating the security
screening process (i.e., entry through magnetometers) of an
expected crowd of downtown lunch hour individuals, a decision was
made by the White House advance personnel to prohibit any signs
-- pro or con -- from being carried into the rally area for which
the campaign had obtained a permit. This was done in an attempt
to avoid the problem incurred in Elizabeth, New Jersey where over
1,000 individuals never gained access to the outdoor rally due to
a jam-up at the magnetometers.
THE WHITE HOUSE
WASHINGTON
Further Guidance (Background)
At recent Presidential events is is obvious that there has been
no attempt to stifle dissent, in fact, there have been numerous
examples of demonstrators exercising their right to dissent
resulting in disruption of the President's remarks.
Cincinnati -- see attached transcript.
Elizabeth, New Jersey (outdoor rally) -- chanters and sign
carriers. The President acknowledged them in his remarks
and commented extemporaneously about their issue/the state
of the domestic ship building industry.
Sedalia, Missouri -- two instances of individuals
displaying signs and screaming and the President saying he
might raise that individual's taxes.
ators and negating Cincinnati demonstrators and negative signs were in
cure arca. Spevidence within the secure area. Specifically, on the
untain Square. skywalk overlooking Fountain Square.
particu Staging tharge public events, particularly outdoors, creates a
major challenge for the Advance Office to ensure the crowd
wanting to attent the Presidential event can pass through the
USSS magentometers in a timely manner.
Recently in Elizabeth, New Jersey, over 1,000 individuals never
gained admission through the magnetometers to see the President's
event. It was resolved that everything possible should be done
in the future to try to ensure that this not happen again. The
Cincinnati event presented unique challenges. The Advance team
recognized that the crowd would come from the downtown business
area during lunchtime. As a means of expediting this expected
late arriving crowd at the magnetometers, we instructed a policy
of locating volunteer crowd ushers in front of the magnetometers
to tell individuals to leave any signs, banners and physical
objects outside.
Draft
THE WHITE HOUSE
WASHINGTON
PRESS GUIDANCE REGARDING SIGNS AT RALLIES
Recognizing that any policy should and will be consistent with
the First Amendment rights of all individuals, the following
volunteers: guidelines are being observed by Reagan-Bush '84 personnel and
-
signs of any nature will not and never have been prohibited
along parade and motorcade routes or other public areas, unless
the Secret Service acts independently to limit particular signs
at its discretion for security reasons,
-
as a matter of security, the Secret Service will not allow
signs on sticks or that could otherwise be used as a weapon or
hurled President, harmfully to be carried into campaign rallies for the
-
at rallies or events to which the general public is invited,
it is expected that any hand-held signs (not on sticks) will be
100S
that permitted, unless it is obvious that due to time constraints it
e
entry ofs necessary to restrict the entry of signs in order to provide
NO
I
01
peop access to the to the maximum number of people to the restricted area of
NOT
SUFFICIENT
all
SIGNS
excluded, the rally In such event, all signs (pro or con) will be
T,P,M.
private
-
e.g.,
at (rallies or events which Reagan-Bush '84 totally controls,
to which admittance is by ticket only, the facility is
leased by Reagan-Bush, etc., the Committee reserves the right to
determine who may attend and what material, if any, may be
brought into the event.
-
In Cincinnati, as a means of facilitating the security
screening process (i.e., entry through magnetometers) of an
expected crowd of downtown lunch hour individuals, a decision was
made by the White House advance personnel to prohibit any signs
-- pro or con -- from being carried into the rally area for which
the campaign had obtained a permit. This was done in an attempt
to avoid the problem incurred in Elizabeth, New Jersey where over
1,000 individuals never gained access to the outdoor rally due to
a jam-up at the magnetometers.
NO
THE WHITE HOUSE
WASHINGTON
Further Guidance (Background) :
At recent Presidential events is is obvious that there has been
no attempt to stifle dissent, in fact, there have been numerous
examples of demonstrators exercising their right to dissent
resulting in disruption of the President's remarks.
Cincinnati -- see attached transcript.
Elizabeth, New Jersey (outdoor rally) -- chanters and sign
carriers. The President acknowledged them in his remarks
and commented extemporaneously about their issue/the state
of the domestic ship building industry.
Sedalia, Missouri -- two instances of individuals
displaying signs and screaming and the President saying he
might raise that individual's taxes.
rators
and
necati In Cincinnati demonstrators and negative signs were in
ecure
area.
evidence within the secure area. Specifically, on the
ountain Square.
skywalk overlooking Fountain Square.
S,
particu
Staging large public events, particularly outdoors, creates a
major challenge for the Advance Office to ensure the crowd
wanting to attent the Presidential event can pass through the
USSS magentometers in a timely manner.
Recently in Elizabeth, New Jersey, over 1,000 individuals never
gained admission through the magnetometers to see the President's
event. It was resolved that everything possible should be done
in the future to try to ensure that this not happen again. The
Cincinnati event presented unique challenges. The Advance team
recognized that the crowd would come from the downtown business
area during lunchtime. As a means of expediting this expected
late arriving crowd at the magnetometers, we instructed a policy
of locating volunteer crowd ushers in front of the magnetometers
objects outside.
to tell individuals to leave any signs, banners and physical