"Last week, President Obama signed into law the Federal Restricted Buildings and Grounds Improvement Act of 2011. This law permits Secret Service agents to designate any place they wish as a place where free speech, association and petition of the government are prohibited. And it permits the Secret Service to make these determinations based on the content of speech.
Thus, federal agents whose work is to protect public officials and their friends may prohibit the speech and the gatherings of folks who disagree with those officials or permit the speech and the gatherings of those who would praise them, even though the First Amendment condemns content-based speech discrimination by the government.
The new law also provides that anyone who gathers in a "restricted" area may be prosecuted. And because the statute does not require the government to prove intent, a person accidentally in a restricted area can be charged and prosecuted, as well. Permitting people to express publicly their opinions to the president only at a time and in a place and manner such that he cannot hear them violates the First Amendment because it guarantees the right to useful speech; and unheard political speech is politically useless. The same may be said of the rights to associate and to petition. If peaceful public assembly and public expression of political demands on the government can be restricted to places where government officials cannot be confronted, then those rights, too, have been neutered.
Political speech is in the highest category of protected speech. This is not about drowning out the president in the Oval Office. This is about letting him know what we think of his work when he leaves the White House. This is speech intended to influence the political process.
This abominable legislation enjoyed "overwhelming support from (both) political parties in Congress " because the establishment loves power, fears dissent and hates inconvenience, and it doesn't give a damn about the Constitution. It passed the Senate by unanimous consent, and only three members of the House voted against it. And the president signed it in secret. It is more typical of contemporary China than America. It is more George III than George Washington.
The whole purpose of the First Amendment is to assure open, wide, robust, uninhibited political debate, debate that can be seen and heard by those it seeks to challenge and influence, whether it is convenient for them or not. Anything short of that turns the First Amendment into a mirage..."
--- Judge Andrew Napolitano, Fox News...