A new state policy that governs protests and other gatherings at state buildings, most notably at the Capitol where the “solidarity singers” meet daily to peacefully protest recent Republican policies and Gov. Scott Walker, appears destined for a legal showdown.
Donald Downs, a UW-Madison political science professor who teaches a course on the First Amendment, says he is not aware of any other state that requires a permit for four or more people. Downs says any law or policy that affects First Amendment rights tends to be legally sound if the rules aren’t overly restrictive as to the time, place and manner the speech occurs. For example, there is a policy on the UW-Madison campus prohibiting megaphones from being used at Library Mall because classes may be going on, making it a “reasonable” restriction of free speech, Downs says, adding “It is a balancing act.”