In a 3-0 ruling, Wisconsin’s Fourth District Court of Appeals today upheld a lower court’s ruling that an administrative rule used to arrest and cite peaceful protesters in the Wisconsin Capitol during the summer of 2013 violates the First Amendment to the U.S. Constitution.
(image by Leslie Amsterdam)
State Capitol Police issued approximately 400 citations in July, August, and September of 2013 to people who were participating in or observing a weekday singing protest known as the Solidarity Sing Along. Singers have gathered at the state Capitol for a noon-hour sing along every weekday since March 11, 2011. They sing songs supportive of various progressive causes as well as songs that are critical of the current governor, Scott Walker, and the legislature.
One of those arrested and cited was Michael Crute, co-host of a Madison radio talk show known as
The Devil’s Advocates. Mr. Crute’s case was dismissed in February, 2014 by Dane County Circuit Court Judge John Markson. The State Attorney General at the time, Republican J.B. Van Hollen, appealed the Crute ruling along with a number of other dismissals. Today’s decision upholds the finding of the lower court.
Judge Markson was one of 10 Dane County Circuit judges to find the administrative rule unconstitutional. Most of the other cases have been dismissed on similar findings. A few cases were put on hold by some of the judges, as were the dismissals that were appealed, pending today’s decision.
Mr. Crute, quoted on his radio show’s web site, was understandably delighted with today’s ruling:
“I feel vindicated today, I’m 2-0 against Scott Walker,” Crute said.
“In his State of the State address, Scott Walker said we should stand with the French, stand for freedom of press, stand for free speech. But this Governor would arrest those that protest his policies. He would have arrested the media that tried to to expose those unconstitutional arrests,” Crute continued.
Regular participants of the Solidarity Sing Along are equally pleased with today's ruling. The Sing Along's string of lunch hour protests was not broken during the Walker administration's crackdown despite the arrests and citations. The streak now stands at well over 1,000.