KKK Can't Adopt A Highway?
The KKK in Georgia has taken their adopt-a-highway case up with the Georgia Supreme Court. The Klan has been arguing about their First Amendment rights for over three years. When they filed the application, they wanted the name "IKK Realm of GA, Ku Klux Klan" to appear on the road sign.The Klan has support from the American Civil Liberties Union( Who often defend the rights of individuals aligned with unpopular causes). The state wants to be protected from civil suit or criminal prosecution.
The state's Department of Transportation denied their request and stated two reasons for denying their application. The area had a 65 mph speed limit and was not safe for volunteers. The other issue was with their name: KKK. "The impact of erecting a sign naming an organization which as a long-rooted history of civil disturbance would cause a significant public concern," it said.
A member from the ACLU said that it would be expanding the state's right to engage in discrimination, and that it would give a license to refuse participation of groups whose speech doesn't align with the government.
The Georgia Supreme Court heard arguments on Monday to whether the International Keystone Knights of the Ku Klux Klan are permitted to pick up trash for the adopt-a-highway program. The court will be deciding over the next several months and will take in Georgia's claim for sovereign immunity in the case.
Comments from Allen: Personally, I have no problem with the KKK aligning itself with trash. I see no problem with the KKK picking up garbage either, or speaking about the evils of being a litterbug. Hence, the KKK is free to engage in speech when that speech is not advocating criminal activity.
The question here is whether the state should be forced to somehow align itself with the KKK concerning anything that group does.
My gut tells me "no." However, I learned early in this business that my gut feeling about what is right rarely spells out what the law says.
The U.S. Supreme Court has affirmed the right of gay pride groups and the KKK to march in public parades despite opposition from cities and church groups. The ACLU and the KKK in the adopt-a-highway case is similar in some ways and different in some ways. It is similar in that the state is the entity opposing giving the permit to the KKK. It is different in that allowing the KKK to associate with adopt-a-highway means not only will the KKK be picking up trash, but they will symbolically "own" that stretch of highway, marked out with a sign that gives that symbolic ownership to the KKK.
They are demanding the State of Georgia erect a road sign reading: “IKK Realm of GA, Ku Klux Klan” marking their territory.
For an offensive hate group like the KKK, forcing the state to erect such a sign is beyond offensive.
In its suit to force the state to act, the KKK acknowledges any state regulation prohibiting the KKK participation in the program must be "necessary to serve a compelling state interest" and it must be "narrowly drawn to achieve that end." Further, the KKK suit acknowledges the government can deny "a valuable governmental benefit" for many reasons, but not on a basis that infringes his constitutionally protected interest in freedom of speech or freedom to freely associate.
I would argue that participation in the adopt-a-highway program is not a "governmental benefit," it is a service program in which outsiders benefit the government, and the government has a right to choose who will be allowed to provide them with that service. There simply is no right to participate in a governmental service campaign to pick up trash along the road.
I hope Georgia takes this tack in its appeal to the Georgia Supreme Court.
On the right you can see the KKK letting the world know they are flag-wearing, "friendly people."
http://www.miamiherald.com/news/nation-world/national/article62011587.html#fmp
The state's Department of Transportation denied their request and stated two reasons for denying their application. The area had a 65 mph speed limit and was not safe for volunteers. The other issue was with their name: KKK. "The impact of erecting a sign naming an organization which as a long-rooted history of civil disturbance would cause a significant public concern," it said.
In 2014, a trial judge issued an order ruling that the state's rejection was unconstitutional with regards to the KKK's right to free speech, and the state could not deny applications to the program on the basis of public concern. The state appealed.
A member from the ACLU said that it would be expanding the state's right to engage in discrimination, and that it would give a license to refuse participation of groups whose speech doesn't align with the government.
The Georgia Supreme Court heard arguments on Monday to whether the International Keystone Knights of the Ku Klux Klan are permitted to pick up trash for the adopt-a-highway program. The court will be deciding over the next several months and will take in Georgia's claim for sovereign immunity in the case.
Comments from Allen: Personally, I have no problem with the KKK aligning itself with trash. I see no problem with the KKK picking up garbage either, or speaking about the evils of being a litterbug. Hence, the KKK is free to engage in speech when that speech is not advocating criminal activity.
The question here is whether the state should be forced to somehow align itself with the KKK concerning anything that group does.
My gut tells me "no." However, I learned early in this business that my gut feeling about what is right rarely spells out what the law says.
The U.S. Supreme Court has affirmed the right of gay pride groups and the KKK to march in public parades despite opposition from cities and church groups. The ACLU and the KKK in the adopt-a-highway case is similar in some ways and different in some ways. It is similar in that the state is the entity opposing giving the permit to the KKK. It is different in that allowing the KKK to associate with adopt-a-highway means not only will the KKK be picking up trash, but they will symbolically "own" that stretch of highway, marked out with a sign that gives that symbolic ownership to the KKK.
They are demanding the State of Georgia erect a road sign reading: “IKK Realm of GA, Ku Klux Klan” marking their territory.
For an offensive hate group like the KKK, forcing the state to erect such a sign is beyond offensive.
In its suit to force the state to act, the KKK acknowledges any state regulation prohibiting the KKK participation in the program must be "necessary to serve a compelling state interest" and it must be "narrowly drawn to achieve that end." Further, the KKK suit acknowledges the government can deny "a valuable governmental benefit" for many reasons, but not on a basis that infringes his constitutionally protected interest in freedom of speech or freedom to freely associate.
I would argue that participation in the adopt-a-highway program is not a "governmental benefit," it is a service program in which outsiders benefit the government, and the government has a right to choose who will be allowed to provide them with that service. There simply is no right to participate in a governmental service campaign to pick up trash along the road.
I hope Georgia takes this tack in its appeal to the Georgia Supreme Court.
On the right you can see the KKK letting the world know they are flag-wearing, "friendly people."
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
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Sources for more information:http://www.miamiherald.com/news/nation-world/national/article62011587.html#fmp
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