No First Amendment Right to March on a Freeway

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In November 2021, appellant Tess Dornfeld was charged with a petty misdemeanor for being a pedestrian on a controlled-access highway in November 2020, when she was participating in a demonstration as part of a group of about 600 people who walked onto I-94, a controlled access highway….

Appellant argues that "her arrest, prosecution, and conviction violate her constitutional right to freedom of speech" because: (1) her conduct on I-94, a controlled access highway, was protected speech; (2) Minn. Stat. § 169.305, subd. 1(c) (2022), providing that the commissioner of transportation may prohibit or regulate the use of any controlled access highway by pedestrians if that use is incompatible with the normal and safe flow of traffic, is a state regulation of free speech; (3) the constitutionality of such regulations is subject to intermediate scrutiny, meaning that the regulation must be narrowly tailored to serve a significant governmental interest and must leave open ample alternative channels for communication, and (4) the action of the police in arresting appellant was not narrowly tailored to serve the government's interest because the police did not permit protesters to leave I-94.

But appellant does not explain her implicit view that her right to free speech supersedes the rights of those travelling on a controlled-access highway to travel in safety, nor does she explain why her arrest deprived her of alternative channels of communication. She has not shown that her right to free speech was violated by the commissioner's right to regulate pedestrians' use of a controlled-access highway or by the police's activity to enforce that regulation...

No First Amendment Right to March on a Freeway

From State v. Dornfeld, decided yesterday by the Minnesota Court of Appeals (Presiding Judge Francis Connolly, joined by Judges Michelle...

reason.com

I've been overseas in Central American countries when protests erupted and labor unions blocked highways (with mountains of flaming tires) and access to airports, hospitals and such. Does it fall under the literal definition for terrorism? Possibly, but I can tell you that I didn't find the tactic to be a persuasive argument in favor of their position.

 

[Casey Jones]

Play stupid games, win stupid prizes.

When I'm trying to GET somewhere, the LAST thing I want is to have someone else shove THEIR concerns, into my life - by blocking my progress, making me late, endangering me. All I find it to be, is enraging - and it predisposes me AGAINST what they're agitating for, no matter how otherwise reasonable it may be.

They have a right to "Free Speech" on the streets. As soon as they impede the movement of thousands of others, they've lost that right - and are subject to reprisals by citizens who are trying to meet their own responsibilities.

I would submit that anyone who runs down these people, or who lethally attacks people dropping rocks or setting flaming tires on highways...they should be blameless, and organizers (and paymasters, like Soros) behind these disruptions, should be held to account for deaths resulting.

 

[Goldhedge]

One could call it kidnapping....

 

[Casey Jones]

Yeah.

If we actually still had law...and courts that would uphold it...