Free Speech and Olympic Torch: City Releases Route

“We are pleased that the Mayor’s Office has finally released the details of the torch relay route to the public,” said ACLU-NC attorney Michael Risher. “Not only is making the route public an important step in upholding the First Amendment and the principles of open government enshrined in San Francisco’s Sunshine Ordinance, it should also help to minimize any confusion and disorder on April 9.’’ 

Listen to Risher talk in a podcast, recorded the day before the torch relay, about the ACLU's efforts to ensure that everyone — all of the protestors, torchbearers and spectators — is able to exercise their First Amendment rights during the procession.

Included:

• The Relay Route
  
• Response to Public Records Request
  
• What You Should Know About Your First Amendment Rights

The Relay Route

The 6-mile torch relay will begin April 9 at 1 p.m. at McCovey Cove with an opening ceremony. It will run along the Embarcadero, past Fisherman's Wharf, through the Marina, and back to Justin Herman Plaza along the Embarcadero for a concluding ceremony, according to a press release from the San Francisco Police Department.     

• See the San Francisco Chronicle's map of torch route.

Response to Public Records Request

The Mayor’s Office responded to the ACLU-NC’s Public Records Act request in a March 26 letter , which indicated that the city did not plan to restrict the activity of protestors. The letter stated that “the public is welcome to line the sidewalks along the torch relay route and to attend the opening and closing ceremonies.”
 
The letter, however, did not disclose the planned route for the relay, only the sites of the opening and closing ceremonies. A March 27 letter from SFPD responding to the ACLU-NC’s request for information and documents about the department’s planning for the torch relay was nearly identical to that provided by the Mayor’s Office earlier, and offered very little new information.

The ACLU-NC continued to urge the city and the other entities involved in planning the torch relay to finalize and make public the details of the route as soon as possible so that everyone had sufficient time to prepare and plan for the event, and to avoid unnecessary confusion in the days surrounding this event.

The April 1 SFPD press release said the announced torch route “is subject to change as deemed necessary’’ by officials.

What You Should Know About Your First Amendment Rights

The free speech guarantees of the U.S. Constitution and the California Constitution apply to all forms of expressive activity and demonstrations, including rallies and marches; and picketing, leafleting, and petitioning. The ACLU-NC has developed a guide on how constitutional principles apply to specific situations and suggests arguments that can be used (in court or directly with the police or city officials) to maximize the scope of these activities.