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26 October 2004
Richard Blumenthal, Attorney General
State of Connecticut
P.O. Box 120
Hartford, CT 06141-0120
John Rose, Jr., Corporation Counsel
City of Hartford
550 Main Street
Hartford, CT 06103
Colonel Walter Lippincott
Connecticut Army National Guard
360 Broad Street
Hartford, CT 06105
Kevin O'Connor, United States Attorney
District of Connecticut
157 Church Street, 23rd Floor
New Haven, CT 06510
Ken Kahn, Executive Director
Greater Hartford Arts Council
45 Pratt Street
P.O. Box 231436
Hartford, CT 06123-1436
Marilda Gandára, President
Aetna Foundation
151 Farmington Avenue
Hartford, CT 06156
VIA FAX
Ladies and Gentlemen:
We are writing on behalf of the Connecticut chapter of Veterans for Peace regarding the group's participation in the annual Connecticut Veterans Day Parade in Hartford. Recently, the group was contacted by a member of the Executive Committee organizing the parade, Marilda Gandára, and told that, while members of the group and their supporters will be able to participate in this year's Veterans Day Parade, their participation is conditioned on them not carrying "political" signs. Ms. Gandára did not provide specific guidelines as to how "political" will be defined, but did specifically state that the group's "Bring the Troops Home Now" banner would be unacceptable and will not be allowed in the parade.
We are writing to inform you that this restriction on the freedom of speech of the Veterans for Peace contingent in the Veterans Day Parade violates the First Amendment of the United States Constitution as applied to the states through the Fourteenth Amendment. The Connecticut Veterans Day Parade is a public parade sponsored by various governmental entities including the State of Connecticut, the City of Hartford, the Connecticut Army National Guard, and the United States Postal Service. As such, content-based restrictions on speech of parade participants, as well as content-based prohibitions on who may participate, are clearly unconstitutional. See Cornelius v. NAACP Legal Defense and Educational Fund, Inc., 473 U.S. 788, 818, 105 S.Ct. 3439, 3457 (1985); United States v. Grace, 461 U.S. 171, 177, 1707 S.Ct. 1702, 1777 (1983).
The notion that "political" speech may be banned from the parade is fundamentally flawed. See North Shore Right to Life Committee v. Town of North Hempstead, 452 F.Supp. 834 (E.D.N.Y. 1978); Irish Subcommittee of the Rhode Island Heritage Commission v. Rhode Island Heritage Commission, 646 F.Supp. 347 (D.R.I. 1986). First, it is impossible to provide a viewpoint-neutral definition of what constitutes "political" speech. Here, Veterans for Peace has been singled out for expressing its support for "bringing the troops home now," while other groups who express views that could be deemed similarly "political" have not been targeted. Second, the avoidance of dissent or public unrest is not sufficient to justify a content-based regulation of speech. Rather, it is fundamental to our Constitution that speech be protected from precisely this kind of politically-charged determination. Terminiello v. City of Chicago, 337 U.S. 1, 69 S.Ct. 894 (1949). It is especially reprehensible that a group whose members have risked their lives in the service of this country and whose views have been shaped by that service should be discriminated against in a parade designed to recognize their contribution and experience.
While Ms. Gandára said that the "no political signs" policy would apply to every group, we are unaware of any efforts by the parade organizers to meet with other groups to inform them of this new rule, nor did Ms. Gandára provide any other examples of unacceptable "political" signs. Last year, on the day of the parade, organizers on the ground also targeted the Veterans for Peace contingent and attempted first to prevent them from participating and then to discourage them from participating by threatening to move their contingent to the end of the Parade. We are extremely concerned by the repeated singling out of this group, which seems to be based on their anti-war stance.
The CCLU is prepared to seek an injunction from the United States District Court for the District of Connecticut to protect the group's constitutional rights if steps are not taken by the Organizing Committee to ensure that no constitutional violations will occur. We are requesting that you confirm in writing the following:
- The members and supporters of Veterans for Peace, as registered participants, will be allowed to march in the Connecticut Veterans Day Parade on Sunday, November 7, 2004;
- No restraints will be placed on the speech, including signs and banners, of the individuals marching as the Veterans for Peace contingent;
- The place of the Veterans for Peace contingent in the order of the parade will follow its traditional placement and the group will not be moved to the end of the Parade as a discriminatory measure against the group's political views.
Given the brief time which remains before the parade on Sunday, November 7, we request that you respond, in writing, by the close of business on Friday, October 29. Please feel free to contact me if you have any questions or concerns.
Sincerely,
Lori Rifkin
Staff Attorney
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