[c]harges were dropped Friday against six men arrested for protesting the Abu Ghraib prison-abuse scandal by stripping down to thong underwear and forming a human pyramid during a visit by President Bush.Which is sometimes the point: Make the arrests, thus preventing the action, then drop the charges. The intended goal - preventing a expression of anti-Bush sentiment - has still been achieved. The DA's crack about a court case giving the protesters a chance to "advance their agenda" shows what was really going on here.
Prosecutors would not have been able to prove the defendants' actions served "no legitimate purpose" - a requirement under the state's disorderly conduct statute, Lancaster County District Attorney Donald R. Totaro said in a release.
"The mere presence of unwilling viewers does not determine whether unwelcome views are prohibited from public forums," wrote Totaro. ...
"Any attempt to pursue a criminal prosecution under the current legal standards imposed by our courts would not further the ends of justice, but would only serve to advance the agenda of six protesters through a very public forum," he said. ...
[American Civil Liberties Union attorney Paula] Knudsen said East Lampeter Township Police violated the defendants' constitutional right to voice their opinions.
"The fact that they lost their opportunity to speak at such a critical time when the president was touring central Pennsylvania, that's something that can't be recovered," she said.
Even so, the dropping of charges is a victory with future importance: Since the DA has now admitted that such actions are not illegal, a future attempt to pull the same stunt would appear a sound basis for a civil suit for illegal suppression of speech.
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