Victory for War Heroes and the Constitution as War Memorials Reopen For First Amendment Activity

This morning, a legal team from the ACLJ went down to the WWII Memorial after there were reports that a “designated First Amendment area” had been set up at the memorial.

This was certainly not the case last week when I and others on our team were excluded from the war memorial on two separate days.  Importantly, I specifically stated then that I wished to exercise my First Amendment rights to assemble in honor of our war heroes.

At the time, I was not only told no, but I was forcibly escorted off of the premises.

Today, our team arrived to a far different scene.  Barricades in the front that were once wired shut had been moved just wide enough for people to walk though.  There were dozens of people walking around the inside of the memorial, paying their respects.  These were World War II veterans and ordinary Americans alike.

Our team encountered a new set of National Park Rangers who stated that although the memorial was officially “closed,” it was nonetheless open for “First Amendment activity.”

As our team approached the memorial where the Rangers were positioned, the barricades had been moved slightly to the side so there was a path into the memorial.  The Ranger at the entrance informed our team that the memorial was closed and asked if they were there to conduct First Amendment activates and if so they would be allowed to enter.

As our team entered and spoke with the Rangers, other Rangers and Park Police brought up brand new signs in front of the memorial.  Instead of saying “Closed” the signs now read, “Due to the Federal Government shutdown, this National Park Service area is closed, except for 1st Amendment activities.”

Dozens of Americans streamed into the memorial, paying honor to those who fought for our freedom.  The Park Rangers gave our team a copy of their directive from the National Park Service (NPS).  That NPS directive clearly states that while the National Parks are closed, specific war memorials in the National Mall area are open for First Amendment activities.

A copy of the directive obtained from the Park Rangers is available here.

One of the Rangers even asked one of our attorneys for advice in determining if people were engaging in First Amendment activates.  As we explained in our demand letter, every American has the constitutional right to assemble to honor our veterans, and they also have the right to assemble for the purposes of educating themselves about our nation’s rich history.

Our team continued on to visit several other of our national war memorials.  The Korean War Memorial was likewise staffed by Park Rangers that were allowing people to visit the memorial and exercise their First Amendment rights.

The Vietnam War Memorial wall was slightly different.  While the First Amendment exception didn’t apply (the wall is not typically an open forum under the law), people were still visiting the memorial.  Two Park Rangers stationed at one entrance told our team they were instructed to state that the memorial was closed due to the shutdown and ask that individuals to “respect the shutdown.”  However, they were not interfering or attempting to stop the crowds of people pushing past the barricades.  They were not stopping anyone.

This is a tremendous victory for our veterans and all those who wish to honor them.  After receiving our demand letter and after sending our FOIA request, the Obama Administration has clearly backed down from its unconstitutional push to close the memorials.

It is also clear that the Administration has not been forthcoming in giving advice to the Park Rangers about what is and is not allowed.  The Park Rangers are following their orders.  But they deserve to have those orders explained to them in a way that makes it clear that Americans’ rights don’t get shut down during a government shutdown.  The Constitution still stands.

We will continue to work to ensure that all our national memorials are opened and remain open for all.  We are continuing to review the newly obtained directive, as there are other areas in which it may be being violated.

Thank you to all of you who stood up for our veterans to ensure that those who fought for our freedoms have the right to view their memorials.

We will continue to provide updates on this important issue.

For all those interested in visiting one of these war memorials, paragraph 10 of the National Park Systems Closure Determination and Notice directive issued October 1, 2013, in conjunction with federal regulations, provides that the “National Mall and Memorials Parks and areas administered by the NPS Liaison to the White House in Washington, D.C., and Independence National Historic Park in Philadelphia, Pennsylvania” are open to those wishing to exercise their First Amendment rights – your rights to religious expression, free speech, press, to “peaceably assemble,” and yes, to “petition the Government for a redress of grievances.”