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A Monumental Fight for City Speech

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A Monumental Fight for City Speech 2017 ABA Law Student Division Best Newspaper Award-Winner VIRGINIA LAW WEEKLY Wednesday, 15 November 2017 The Newspaper of the University of Virginia School of Law Since 1948 Volume 70, Number 11 Virginia around north Elections A Monumental grounds 2017: With Thumbs up to Breitbart for un- Wins Like covering the Wash- ington Post’s tactics This, Who for gathering research, inter- Fight for City Speech viewing witnesses, and tak- Needs ing their time to gain permis- sion from the subjects before Losses? publishing. Us in the busi- ness call these tactics “inves- Gregory Ranzini ‘18 tigative journalism.” (he/him/his) News Editor Thumbs down to adults destroy- By all indications, Dem- ing their Keurig ocrats are pretty excited machines after the about their performance in company pulled advertising last week’s Virginia elec- from Fox News. Maybe it’s tions. Lieutenant Governor ANG’s addiction to coffee Ralph Northam will trade up speaking, but ANG thinks the to Governor. Polls leading only thing stupider is think- up to the election suggesting ing that a 14 year old can give that his Republican oppo- consent to a 30 year old. nent Ed Gillespie might be able to pull out a win by ap- Thumbs up to pealing to neo-Confederates Amazon buying the turned out to be incorrect. rights to bring Gilm- In the Thirteenth District, ore Girls back for journalist and metal guitar- another revival--a tri-vival? ist Danica Roem won elec- Whatever it is, whenever it tion as America’s first openly is, ANG will follow where you transgender state legislator, lead. defeating Bob Marshall, the self-proclaimed “chief ho- Thumbs down to mophobe” of Virginia who Stephen T. “Mind- authored our state’s version seye” Parr for Day- of the “bathroom bill.” Dem- From left to right Professors Blank, Brady, and Schragger discuss municipal free speech. light Savings time ocrats made up a great deal Photo courtesy of The Law Weekly and this accursed darkness. of lost ground in the House Katherine Mann ‘19 ANG had been feeling okay of Delegates, as a whole turn- (she/her/hers) several iterations since its ment rights might prevent about Parr given the lovely ing fifteen red seats blue. Columns Editor original focus on Confeder- federal and state encroach- autumn weather, but this Good news, certainly, but far ate monuments. In its cur- ment on local politics. But dark-at-5-o’clock business from adequate. Current pro- Against the backdrop of the rent form, it covers all ad- he was careful to emphasize has ANG remembering all of jections have the GOP cling- recent violence in Charlottes- ditional wars since the Civil that cities wouldn’t be totally Parr’s misdeeds, especially ing to a 51-49 seat majority. ville and statues shrouded in War. She said the issue now unregulated in their speech, last winter’s lack of snow and This, in a year more-or-less black, a distinguished panel is “what happens when the since they would still have the rain for Foxfield this year. defined by Republican po- of law professors held a dis- city no longer wants to be to show a compelling inter- Get it together, Parr! litical scandals, and coming cussion on Monday night en- associated with the message est. And some cities might on the heels of a presiden- titled “Do Cities Have Free of the monuments, but the use opt-out mechanisms for Thumbs up to all tial election in which the Speech Rights? Confederate state is forcing them?” While citizens so that their money the people predict- Democratic candidate won Monuments, Sanctuary Cit- cities have largely been be- would not be used for speech ing more intense Virginia by better than five ies, and State-Local Con- holden to state regulations, with which they disagree. Thanksgiving con- percent, is nothing short of flicts.” At issue was whether they have gained some rights Schragger explained that versations about politics. an embarrassment. cities have or should have against the state, such as in our concept of cities is not ANG, for one, is happy that Granted, much of this dis- free speech rights that over- the realm of takings doctrine. that of an individual entity ANG’s marital status, alco- crepancy can of course be at- ride state laws restricting Blank suggested it might with rights, but rather as an holism, and membership in tributed to voter suppression their expression. be possible to conceive of entity of the state that ex- vampire societies won’t be brought about by Virginia’s Professors Richard Schrag- a regime where cities were ercises power. At the same the ONLY topics of intense, new voter ID law, and much ger and Molly Brady, both of granted free speech rights time, they’re also subordi- uncomfortable disagree- of the rest is owed to ger- whom study local govern- and compared cities to cor- nate to the state, creating ment. rymandering. As chairman ments, cities, and property, porations, which under tension. He discussed SB 4 of the Republican National participated, as well as Pro- decisions such as Citizens introduced in Texas, which Thumbs down to Committee, Ed Gillespie fessor Yishai Blank, a visit- United, have been treated would not only ban cities a certain professor (yes, that Ed Gillespie) im- ing professor at Harvard Law more like individuals when from becoming sanctuary calling ANG “old” plemented a program called School and professor at Tel- it comes to free speech. He cities, but would keep cities when ANG would REDMAP, which sought to Aviv University who studies noted that there are pros and from endorsing such poli- NEVER call him “short and make the GOP’s 2010 elec- land use and local govern- cons to this approach, and cies. He also noted that there fat?” Oh well, ANG tries so tion victories permanent by ment. The three professors that for “city speech,” the was nothing Charlottesville hard to be his friend--and shamelessly drawing unrep- discussed the relationship line between expression and could have done to prevent maybe someday that will resentative districts. It was between states and cities, action is a very difficult one. Unite the Right or Ku Klux happen! a runaway success and a big with a focus on Virginia and He said city speech could en- Klan members from openly part of why Republicans can Charlottesville. One of the compass maintaining stat- carrying weapons during Pour one out for expect a House of Delegates main issues discussed was ues, raising flags, Black Lives their rallies, because state Notre Dame (“and majority despite garnering whether a city such as Char- Matter signs on town halls, law preempts them from do- Georgia, haha.” barely 4/5 as as many total lottesville might have a free- or be as broad as covering ing so. And of course, if the -Goldman, C.J.) votes as Democrats in last speech argument against the lobbying activities, which city wants to remove confed- ANG feels for ya. Especially Tuesday’s election. Indeed, state’s ban on removal of are currently covered for erate monuments, the state because ANG now has to they’re downright gleeful Confederate statues. In other corporations. “But if all this forbids it. In effect, he said, hear from people who once about it. The project’s web- words, as Schragger put it, is protected under the First the city “can only speak in had a two-hour layover in site—yes, it has a website— is the city being “forced to Amendment,” he said, “there the form of monuments at Miami about what big Hur- describes the effort thusly: speak” by the state’s ban? could be huge ramifications.” the state’s sufferance.” ricane fans they are. The rationale was straight- Brady gave a brief history One potentially positive “We might say as a policy forward: Controlling the re- of Virginia’s ban on monu- ramification might be that matter, it doesn’t make sense Thumbs up to ev- districting process in these ment removal, which went cities could counter corpo- for the state to decide what eryone who saw the states would have the great- into statewide effect in 1904. rate influence in politics. monuments to put up in any equine outline on p. est impact on determining The state’s ordinance, § 15.2- Blank also noted that the locality,” he continued. “Why 6 and thought of ze- how both state legislative 1812, prohibits localities state’s politics is more re- would they care?” States bras, not horses. #fascinoma, and congressional district from disturbing or interfer- cently reflecting partisanship might decide to regulate cit- folks! ing with war monuments, on the national level, and ELECTION page 2 although it’s gone through giving cities First Amend- CITIES page 6 2 Columns VIRGINIA LAW WEEKLY Wednesday, 15 November 2017 derfunding, inadequate IT 84 votes), the 40th District the statehouse. real Democrat, after all—not ELECTION th continued from page 1 systems, and untested proce- (by 115 votes), and the 27 So, what did the Demo- like Ralph Northam, whose dural changes. Republicans District (by 125 votes). Re- cratic Party of Virginia try votes for George W. Bush boundaries would be drawn. have moved to cut back on publicans led or had been this time to avoid a repeat of in 2000 and 2004 we’re ap- Drawing new district lines in human enumerators in fa- declared the winners in all 2016’s drubbing? Same-old, parently supposed to forgive states with the most redis- vor of online responses, with of them. In all, eleven races same-old: not content to let because he “didn’t pay much tricting activity presented the apparent overall objec- had been decided by a mar- the populist (and popular) attention to politics” at the the opportunity to solidify tive of suppressing the count gin of less than five percent— former Representative Tom time.
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