LETTER WRITING APPEAL
It can happen here! Even though freedom of thought and freedom
of expression might be principles important enough to fight wars
over, without freedom of assembly they are merely academic. Many
people believe the Reagan/Bush years (1981-1992) greatly
diminished the First Amendment. As that decade draws to a close
it leaves a partially finished regulatory scheme intended to
transform the "right" of peaceable assembly on public lands into
a "privilege," subject to the whim of government. The new
administration should be encouraged to scrap this proposed
regulation as an intolerable affront to the First Amendment.
For much of the past seven years the National Forest Service has
repeatedly, albeit unsuccessfully, attempted to implement a
regulation which. in any real terms, would eliminate the RIGHT OF
AMERICANS TO FREELY ASSEMBLE ON "PUBLIC LANDS." United States v.
Israel, No. Cr-86-027- TUC-RMB. May 10, 1986; United States v.
The Rainbow Family, 694 F. Supp. 294, June 1, 1989, J. Justice,
USED Tex. CA No. L-88-68.
CURRENT SITUATION
In its final hours the departing Bush administration exempted a
rulemaking which would RESTRICT PEACEABLE ASSEMBLY ON PUBLIC
LANDS from the regulatory moratorium which been extended by Bush
during his election campaign.
In essence the rule would transform the "right of assembly"
into a "privilege," subject to the whim of government.
Marian Connolly (703-235-1488), an NFS regulation writer, summed
it up well by stating the rule "is designed to allow the
government a control over who uses the lands."
Although, on January 22, Leon Panetta, the new Director of
the Office of Management and Budget imposed a suspension of
regulatory publication to allow the new Administration
opportunity to become familiar with and make their own decisions
on pending regulatory matters, NFS has specifically stated that
it "still hope(s) to publish the proposed rule soon, so ... we
can adopt a final rule before the summer."
This appeal suggests writing AND calling both of the below. Phone
calls are important because NFS "hopes to publish the proposed rule
soon." Letters make a more lasting impression. Some lobbyists
figure one letter is worth ten phone calls. The more public
opposition to National Forest Service attempts to RESTRICT
PEACEABLE ASSEMBLIES ON PUBLIC LANDS (proposed amendment to 36 CFR
Section 251) received by the new administration, the more seriously
they will consider whether this is what they really want to do.
It is strongly suggested that the letter-writing campaign be
directed at Carol Rasco and Ron Blackley, be pointed at
convincing the new administration not to publish this rule, and
begin IMMEDIATELY.
White House Secretary of Agriculture
Carol Rasco ATT: Ron Blackley
Domestic Policy Advisor 14th & Independence SW 200-A
1600 Pennsylvania Ave. N.W. Washington, D.C. 20250
Washington, D.C. 20500 202-720-3631
202-456-2216
It may be that the only chance is TO STOP THIS REGULATION BEFORE
IT GETS PUBLISHED IN THE FEDERAL REGISTER. If forced to a legal
defense against the elimination of free assembly under totalitarian
regulations (which would be the only remaining recourse after a
final rule is published in the Federal Register), the defenders
will be opposing not only the new administration, which will be
promulgating the regulation, but also the old administration, which
initiated the regulation in the first place, while arguing before
courts that hold uncompassionate opinions, and which were largely
appointed by the last administration.
Even if you do not think you will be directly effected by this
proposal, PLEASE take into account that if the government is able
to put this into effect it would set a precedent that could
affect all forms of First Amendment freedom including electronic.
In recent years we have seen this start to happen.
Please pass this letter along to anyone and everyone you know. If
you want to be put on a mailing list for updates, or have any
questions, please write: nfs@bcserv.wustl.edu. Snail mail
address: D.C. Legaliaison P.O. Box 27217, Washington, D.C. 20038.
(202) 462-0757
The Eternal Optimist
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Live it. Love it. Learn it. Yearn it. -- Dave from NOLS
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INTERNET: tf26@andrew.cmu.edu