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Saying that children who visit Florida’s State Capitol need to be protected from obscene and hurtful speech and signage, state officials are pushing for a new rule allowing law enforcement to remove protesters from the Capitol rotunda and other areas where demonstrations commonly occur.
The ACLU of Florida says the proposed rewrite of the Capitol’s free-speech rules would chill political expression and give officials too much leeway in deciding what protests are acceptable and which ones aren’t.
Under the rule change, protesters could be removed and charged with trespassing if authorities determine they are disrupting the performance of official duties, making indecent remarks or displaying materials arousing prurient interests, among other reasons.
The proposed rule comes from the Department of Management Services, which acts as the state’s property manager, and would need to be approved by a committee of lawmakers. Officials in favor of the change say it doesn’t infringe on constitutional rights because the Capitol grounds are “limited public forums” where speech can be restricted.
The ACLU has requested a public hearing; the DMS has yet to grant one.
Florida lawmakers are set to begin interim committee meetings Dec. 12th for the 2023 session, which begins in March.
Guest Columnist, James Call, Tallahassee Democrat
In the photo above Maxx Fenning, 19, walks among protesters on the fourth-floor rotunda of the Florida State Capitol last spring. | Tallahassee Democrat
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