Every few generations we have to stand up for free speech. This era is no different.

We would prefer to commit Acts of Free Speech without arrest. However, under Washington State Governor Jay Inslee’s weird, randomly changing lockdown world dictates and Washington State Attorney General Bob Fergusons’ total abandonment of the rule of law, equal protection under the law, and Ferguson’s willingness to suspend the Constitutional rights of citizens in Washington State, their threats of arrest for committing free speech needs to be exposed as either empty threats or the total abuse of a government out of control. These threats have recently been directed at people who dare to exercise their right to freedom of assembly and free speech at the State Capital, on the campus, during the legislative session, and are primarily directed at citizens who dare to be heard, have a microphone, and speakers that “touch the ground.” This is absurd. We will explain why later in this article, but first, let’s talk about this informal event next Saturday, February 6, 2021 at noon on the capital campus:

  • We will peacefully assemble at noon on Saturday, February 6th on the Capital Campus grounds somewhere between the fountain and the fencing which has been erected to keep us little people and peasants away from our capital buildings.
  • While we are not asking for permission to commit free speech or assemble, it is no secret, and we will inform the Washington State Dept. of Enterprise Services and the State Patrol about our intentions.
  • We will use a microphone, speakers on stands and a power supply in order for our free speech to be heard, just like citizens have been doing in this same place and same manner for the last 100+ years (since electricity has been used to power speakers). Note: This is specifically what the people have been threatened with arrest, over the past few weeks.
  • Dress like citizens who want to meet with your legislators (some legislators will probably be at this event) – THIS is not a 2nd Amendment protest, This is not the time to wear tactical gear, carry long guns or dress in black block gear – people doing that at THIS event are probably agitators who want to disrupt the event (see the recent actions at the nearby hotel – story linked here). Leftists have repeatedly committed violence and actions of intimidation in Olympia for several years now with few consequences, and we will be pointing them out at this event if they choose to show up. However, we are not going there for a confrontation with the crazies.
  • ALL we want to do is PEACEFULLY ASSEMBLE for a few hours, Commit Acts of Free Speech (mainly discussing the lack of access to our legislators, concerns about proposed legislation, or the endless lockdown world Inslee has created. When we are done, we will peacefully head home, like we always do.
  • It isn’t more complicated than this. This is sponsored by no formal organization. Just regular citizens who want to assemble and speak and be heard without threat of arrest. If the state chooses to arrest us for committing a crime of free speech and peaceful assembly, as they have threatened others over the last few weeks, then they are free to do so – and the attendees can document the event for all to witness. Either they have been bluffing and lying using intimidation and threats to silence people over the past few weeks, or they are serious about their efforts to silence us. Let’s see which one it is.

Here is a quick video I produced about this last week…

Let’s talk about our free speech rights and the right to peacefully assemble next Saturday.

The laws that bind the bureaucrats and their power…

For those unfamiliar with the Federal Constitution, and the Bill of Rights, I specifically draw attention to the 1st Amendment, which is generally well known to previous generations:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” – First Amendment, US Constitution (for more information – go here)

Please note, there are three parts of the 1st Amendment which clearly apply to next Saturday’s event. The freedom of speech, the right of the people to peacefully assemble, and our right to petition the Government for a redress of grievances. Most of our petition will be in verbal form – “Governor Inslee, tear down this wall.”

In addition, the Washington State Constitution, which was adopted at statehood, is even clearer and more specific to our actions on Saturday. For the benefit of Governor Inslee who probably is totally unaware, and for the benefit of our Attorney General Bob Ferguson who is aware of this document, but has chosen to pretend it doesn’t exist, this will fall on deaf ears. For the benefit of our local friendly government bureaucrats – they probably didn’t even know this document existed (here it is if you want to download it and read it in full):

Article I, SECTION 1 POLITICAL POWER. “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.”

The political power is inherent in the people. Not the bureaucrats. Not the unelected officials. They exist to protect and maintain our individual rights (even if they have long ago forgotten this fact).

Glen Morgan speaking to 200 citizens in Rochester, WA about Pocket Gophers
2011 Town Hall – at Swede Hall in Rochester, south Thurston County. The bureaucrats and politicians didn’t want me speaking back then either, but at least they didn’t threaten to arrest us.

Article I, SECTION 4 RIGHT OF PETITION AND ASSEMBLAGE.The right of petition and of the people peaceably to assemble for the common good shall never be abridged.

Even in today’s Common Core education, dumbed-down, social media censored world and the destruction of language in our marginal education systems, this is pretty straightforward. “Never abridged” is clear. Even Evergreen State College students should be able to understand this (I’m not sure their professors do). We are peacefully assembling to petition our government. No bureaucrat, politician, special interest, corporate donor, or BLM/Antifa hate gang is allowed to prevent us from doing this. It doesn’t say that these rights can be abridged if a virus exists in the state. “Never” should still mean “Never.”

Article I, SECTION 5 FREEDOM OF SPEECH. “Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.”

Again, just to reiterate, we have the right to commit acts of free speech. We are peacefully assembling to commit free speech and to petition our government as is our individual right.

A sampling of court precedent regarding our proposed activity

Let’s look at the variety of Federal Court cases on this subject, which additionally support our efforts on Saturday, and these clearly hang over the heads of the bureaucrats and politicians who have threatened others with arrest over the past month for committing free speech and the right to peacefully assemble:

We have the right to pass out literature, preach, and display signs on public areas: (Coates v. Cincinnati 402 U.S. 611 / Edwards v. S. Carolina, 372 U.S. 299 / Furr v. Town of Swansea, F. Supp. 1543).

We have the right to speak in all quintessential public forums (Frisby vs. Schultz, 487 U.S. 474 / U.S. v. Grace, 461 U.S. 171, 176).

We have a “guaranteed access” to streets, parks, and other ‘traditional public forum” and mere inconvenience to the government will not outweigh our free speech interests (Hague v. C.I.O. 307 U.S. 496). This is particularly applicable to the Washington State Campus right now, which is denying normal access the capital, which has always been traditionally allowed in the past (setting up stages, speaking from the back of a truck, speaker stands, etc. Today, the capital is fenced off, the roads are blocked, and public parking on the street has been blocked with state vehicles.

Free speech – yeah, this isn’t it…

Our freedom of speech may not be prohibited merely because it offends some listeners (Cantwell v. Connecticut, 310 U.S. 296 / Simon & Shuster v. New York State Crime Victims Bd, 502 U.S. 105 / N.Y. Ties v. Sullivan, 376 U.S. 254). I’m sure Inslee, Ferguson and the insane Lefties who like breaking windows and assaulting people don’t want to hear us, but that is no reason for our state government to silence us.

A city (and state) may not consider the listener’s reaction when permitting free speech activity (Forsyth County v. The Nationalist Movement, 505 U.S. 123). This applies to the state as well.

Hecklers do not have veto power over a speaker’s right of free speech but Police must control a crowd rather than arrest the speaker in order to maintain order (Cox. v. Louisiana, 379 U.S. 536). Just because the Antifa/BLM rioters threaten us with violence and hate, the state patrol should be protecting us from their violence, not arresting us because we are threatened.

We have the right to be loud enough to be heard and to use a PA System (Saia v. New York, 334 U.S. 1943). They can’t prevent us from using microphones

We have the right to be protected by law enforcement if the crowd is offended by what we are saying and becomes hostile (Hedges v. W.C.U.S.D. No. 118, et al. 9F.3d 1295).

Permits are not allowed to be used to restrict a speaker’s right of free expression and permits may not be used as a prior restraint on free speech (Kunz v. New York, 340 U.S. 290). Keep in mind, the state is saying we need a permit, but they say they are not issuing a permit. Therefore they believe they can cite us, seize our equipment and arrest us. Seriously, that is their stance. The videos from recent events and the witnesses who have been present prove this to be the state’s position.

A free speech lawsuit is a Federal case and allows us to sue Policemen and guards in their official capacity and as individuals (Freedom Restoration Act, Title 42, Section 2000aa.). More importantly, this would also allow us to sue, as individuals, every single bureaucrat involved in the suppression of free speech in their official capacity. It should also be noted that a freedom of speech lawsuit will subject them to pay our damages and all our attorney fees (42 U.S.C. §§ 1983 and 1988).

What the bureaucrats say we can’t do…

Finally, the specific code bandied about by the bureaucrats at the capital is as follows:

WAC 200-220-243

Camping on state capitol grounds. Camping on the state capitol grounds is prohibited unless permitted by the director. Camping means arranging any type of structure, shelter or bedding, or parking a vehicle, for purposes of habitation.”

And WAC 352-32-010

“Camping” shall mean erecting a tent or shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight. 

These do not apply to us setting up speakers for a few hours, using a microphone and portable power supply to commit an act of free speech. Assuming there is someone left at the AG’s office who actually cares about the law, they know this as well. Related to the above Washington State rules drafted by the bureaucrats, there is another court case worth reviewing. The case law holding that camping is not allowed on public lands not so designated is William P. Clark, Secretary of the Interior, et al., v. Community for creative nonviolence, et al. This case held that camping is indeed no allowed on Federal (State) grounds, but camping has a specific meaning (see infra), and none of our activities next Saturday meet that definition.

It is absurd that we are even needing to review all this, but the price of freedom is eternal vigilance, and the bloat of corrupt bureaucracy and government power will not constrain itself. Either they really will strive to silence us next Saturday and we will document it for the world to witness, or they will back off and stop the threats of silencing us. Regardless of which choice they make, it should be interesting.

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OUR CONSTITUTION BEGINS WITH THE PHRASE “WE THE PEOPLE.”  IT WAS THE FOUNDERS’ INTENT THAT GOVERNMENT BE CREATED BY THE PEOPLE, TO SERVE THE PEOPLE.  IT WASN’T THEIR INTENTION FOR THE PEOPLE TO SERVE THE GOVERNMENT.  IT WAS ALWAYS INTENDED THAT GOVERNMENT WHICH FAILED TO SERVE THE PEOPLE SHOULD BE “ALTERED OR ABOLISHED.”  UNTIL WE RETURN TO THE FOUNDER’S INTENT, WE REMAIN WE THE GOVERNED

Background articles and documents:

Today I am censored. Tomorrow it might be you

Rally against Governor Inslee – lockdown update for Spiffys, Stuffys, Farm Boy Restaurants

Inslee’s Empire Strikes Back – Lockdown Fight – Spiffy’s Standoff continues

You must Obey! – A public service announcement

Governor Inslee Defied – Showdown at Spiffy’s Restaurant – the interview

Showdown at Spiffy’s Restaurant

The Real Virus Plaguing us

28 COMMENTS

  1. We live in Okanogan county and are willing to assist in actions needed to assure legal and correct voting

  2. Dress?
    Would Suit and tie be over the top?
    If not and it’s not conspicuous I will put it on
    Carry a sign or whatever
    I’ll be there!

  3. Glen, Thank you for organizing this. I will be there. I would love to get your thoughts about expanding this idea. (Both in locations and frequency.) Citizens need a regular forum to be more active and aware.
    I propose expending the idea to meeting on the first Saturday of each month on the grounds of each county seat in the State. Call it “Free Speech Saturdays”. This would help concerned citizens build a real life network, and share information about what our government is doing. Being a local event would encourage more participation. Being a regular event it will let the government know we are no going away.

    • That is a good idea. I often think we organize too many rallies because they tend to burn people out and nobody has the time to go to all of them, but from time to time, they have their place.

      • Thank you for the feedback. I would welcome a chance to talk with open-minded freedom-loving citizens once a month. Especially in this crazy lockdown environment. It would raise my spirits.

  4. Hey Glen, There ‘s certainly a high fear climate …and advertising that guys w tactical gear shouldn’t show up is an interestin’ approach. It’s a tough call as good guys in tactical would make me feel easier though this is certainly a “hot bed ” but that ‘s why it needs to be attended !By TONS OF GOOD FOLKS really tired of the ongoing BS from face diapers to bloated government/ taxes. My neighbor says what’s the point…I hope i never ask that question, see u there

  5. So what will be the situation for partially disabled folks like myself? Am I going to have to attempt to walk a few miles to get to where the rally is being held? Is disabled parking available close to the rally? Never been to the Capital grounds and am unsure as to the lay of the land.

    • I don’t know if there is any disabled parking near the rally. The State Patrol, I believe, could let you drive on campus and get out of the car close to the event, but this will depend on the officer manning the barricades…

      • OK, thanks for the information. Would love to attend but can’t depend on whims as far as accessibility. I doubt if you will receive much support from the government hired hands once you and your group arrives. Be sure to film everything and obtain the names of those who deny/obstruct/threaten.

        • I’m sure there will be many cameras rolling and recording. I understand your concern about the accessibility right now – this isn’t an accident. Inslee and the entire bureaucracy are doing everything in their power to deny access and restrict the campus from us peasants and tax serfs. They would certainly prefer we go silent and just them them destroy our future in peace and bureaucratic tranquility..

        • Clark , i don’t know your location but if it’s possible i’d be happy to help u ambulate. In other words, i could push a wheel chair or ??

  6. I’m really just repeating what I said last time: Please reconsider this meeting. I know you intend it to be peaceful, but that’s what our president wanted and see how he played into their trap. They obviously had planned ahead to discredit and accuse him, plus all who were with him and those who weren’t even there, who voted for him! They’re looking for excuses to shoot people as they did the unarmed woman, let Antifa slime in for profit and have horrible things to say about you. This could hurt your cause more than help. How can spending time in jail be beneficial? My young son wants to join you. He has a wife and daughter. I’m praying.

    • We will be there. I suggest people who are fearful about this event just pray for us. I have spoken to law enforcement locally. We are not rushing the fences, trying to get into buildings or assaulting the policy. We won’t prevail by backing down and being fearful every time they threaten us. Freedom and liberty can be defended peacefully.

    • ‘The British are coming, the British are coming!’ Margo Thompson: ‘Can’t we just play nice and pretend everything is OK?’. The only thing that needs prayer is your attitude.

          • We are all friends here. I don’t expect everyone to completely agree with me. I don’t mind at all. However, this is a self-selected group of people who care about Washington State, and while we may not all agree on everything, I believe everyone here has their heart and intentions in the right place.

              • Everybody approaches the challenges facing us in a different way. I’m not judging. I always appreciate the advice and the spirit in which it is given. However, Saturday is happening, as planned. We will be peacefully assembling to commit free speech, petition our government for a redress of grievances, and practicing religion with some prayers. How it finishes up will be up to the State…

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