Individual Liberty

Ron Paul Bumpersticker Gets Man Kicked Out of National Park

5/20/2011
Free Speech Violation: Park Ranger Orders Visitor to Leave National Military Park, Citing Objection to Ron Paul Decals on Car

BLACKSBURG, S.C. — The Rutherford Institute has come to the defense of a 73-year-old Virginia resident who was allegedly ordered by a park ranger to remove his car from a national military park in South Carolina because of political messages attached to his vehicle. Jack Faw, whose ancestors fought in the historic battle memorialized at Kings Mountain National Military Park, contacted The Rutherford Institute after being told by a park ranger that the decal promoting a political organization associated with Rep. Ron Paul (R-TX), which was displayed on the back window of Faw's car, was not allowed in the park. In a legal letter to Park officials, constitutional attorney John W. Whitehead warned that the ranger's directive, which resulted in Faw being forced to leave the park, violated Faw's First Amendment rights, as well as National Park Service regulations. Whitehead also demanded assurances that Park employees will be properly instructed in how to respect the constitutional rights of visitors to the Park so that Faw and others will not face similar restrictions in the future.

Whitehead's letter to officials at Kings Mountain National Military Park is available here.

"The display of political messages from a vehicle is unquestionably expression protected by the First Amendment's guarantee of freedom of speech," said John W. Whitehead, president of The Rutherford Institute. "This type of censorship is what you would expect in some foreign regime, not a public park in America."

what did the bumper sticker say?
I'm all for the free speech....right up until those ******** start burning my flag or protesting at the funerals of young military men and women that should be praised as heroes... so while I might be outraged...I want to know what the bumper sticker said before I decide if I believe in Mr. Faw's right to free speech (Yes I know that's not necessarily fair...I'm not necessarily fair so they don't let me make the laws)

One of those decals he was sporting is the same as my avatar. The bumper sticker was Vote for Ron Paul.

Maybe he didn't like the word revolution but it isn't any of his business.

...................................

May 20, 2011
Via Email (erin_broadbent@nps.gov) & U.S. Mail
Ms. Erin K. Broadbent, Superintendent
Kings Mountain National Military Park
2625 Park Road
Blacksburg, South Carolina 29702
Re: Restriction on Political Speech
Dear Ms. Broadbent:
The Rutherford Institute has been contacted by Jack Faw, a 73-year-old Charlottesville,
Virginia, resident who was allegedly told by a ranger at Kings Mountain National Military Park
that he would have to remove his car from the Park because of political messages attached to his
vehicle. This directive by a government employee is not only inconsistent with National Park
Service regulations but is also a clear violation of Mr. Faw’s rights under the U.S. Constitution.
In particular, it deprives Mr. Faw of his First Amendment right to the freedom of expression.
Thus, we are seeking your assurance that employees at Kings Mountain National Military Park
will be properly instructed in how to respect the constitutional rights of visitors to the Park and
that Mr. Faw’s rights will not be similarly infringed in the future.
Mr. Faw, a frequent visitor to Kings Mountain National Military Park whose ancestors
fought in the historic battle memorialized at the Park, arrived at the Park in his personal
passenger vehicle on May 6 and parked in the parking lot adjacent to the Visitors Center.
Affixed to the back window of the vehicle was a translucent decal approximately three feet in
length and one-half foot in width promoting “Ron Paul’s Campaign for Liberty,” an organization
dedicated to reestablishing and furthering the principles embodied in the United States
Constitution. After watching the movie at the center and just after starting the walking tour, Mr.
Faw was approached by Law Enforcement Ranger Eugene Rife, who asked Mr. Faw to come
into his office. Ranger Rife then stated that Mr. Faw would have to remove his car from the Park
because it displayed a political decal that is not allowed in National Parks. Mr. Faw protested
that he had a right to display the message and that it was not causing any disruption.
Nevertheless, Ranger Rife insisted that Mr. Faw remove his vehicle from the Park, at which
point Mr. Faw felt compelled to comply with the Ranger’s order and left the Park.
Erin K. Broadbent, Superintendent
May 20, 2011
Page 2
The display of a political message on a vehicle is unquestionably expression protected by
the First Amendment’s guarantee to freedom of speech. Just recently, a federal appeals court
ruled that the rights of citizens to freedom of speech under the First Amendment apply within the
confines of National Parks. Boardley v. U.S. Dept. of the Interior, 615 F.3d 508 (D.C. Cir.
2010). In particular, this court decision recognized that speech by individuals does not pose the
kind of threat to the interest of parks in protecting their activities and operations and functions
and in preserving the peace and tranquility of the park that would warrant restricting that speech.
Id. at 519-20; see also Cox v. City of Charleston, 416 F.3d 281, 285-86 (4th Cir. 2005)
(restriction on political speech was overly restrictive where it applied to speech of individuals
that did not pose significant threat to public order). Mr. Faw’s passive and silent expression is
clearly the kind of speech that was not inimical to any legitimate interest of the Park and there
was no justification for punishing that expression by forcing him to cut short his Park visit.
Indeed, Mr. Faw’s political messages on his vehicle appear to be wholly consistent with
and allowable under regulations promulgated last October by the National Park Service
concerning expressive activities by the public within National Parks. Those regulations
authorize the designation of areas as available for speech by members of the public where the
speech would not impair the atmosphere or operations of the park or would not be incompatible
with the nature and traditional use of the park. 36 C.F.R. § 2.51(c)(1). The parking lot where
Mr. Faw’s vehicle was located is certainly the kind of area contemplated by this regulation.
Additionally, the regulations go so far as to allow individuals to have within these designated
areas “[h]and-carried signs[.]” 36 C.F.R. §§ 2.51(b)(1)(iv) and 2.52 (b)(1)(iv). The decal on Mr.
Faw’s car was certainly no more disruptive than a hand-carried sign, and so is clearly a form of
expression allowed by the National Park Service regulations.
It is our hope that you will do everything in your power to ensure that this incident is not
repeated and that Mr. Faw, a frequent visitor to Kings Mountain National Military Park, is not
restricted from exercising his constitutional right to free expression by Park employees. To this
end, we ask that you provide assurances that in the future Mr. Faw will not be required to leave
the Park because political messages are displayed on his vehicle and that Park employees will be
properly instructed in how to respect the constitutional rights of visitors to the Park. We await
your assurances, or the grounds upon which you justify the treatment of Mr. Faw as described
above, on or before May 31, 2011.
Sincerely yours,
John W. Whitehead
cc: Jonathan B. Jarvis, Director, National Parks Service

Ok im all for being outraged on mr faws behalf.

I know im being a bit smart alec but im serious that I am tired of some of the really stupid free speech bologna in the last several years and I don't really care if that's pc or not anymore.

But im ok with the bumper sticker

He should sue them. Then settle for attorney's fees and that ranger being FIRED for forcing his PERSONAL opinions on a citizen, acting in an official capacity at the time.

that's crazy, he should not have been kicked out or even harassed about it in any way. Who cares about a bumper sticker? They stepped all over his freedom of speech rights. Is there some clause about no inflammatory signage on park land because as far as I know, there is no such restriction*. My dad made our family bumper stickers for the last election that had a photo of McCain with the words "No Country for Old Men" would I have been kicked out too? ridiculous!


*edit, ok just read the last bit Dennis posted about the regs, but I agree that is still does not apply to a bumper sticker