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Does Mississippi’s new state law restrict citizens’ right to protest?

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mississippitoday.org – Mina Corpuz – 2024-08-19 12:03:59

Does Mississippi’s new state law restrict citizens’ right to protest?

Whether Mississippi can limit impromptu citizen protests around -owned buildings rests with a federal judge overseeing a lawsuit challenging how a state- and court in operates.

Senate Bill 2343, passed in the 2023 legislative session, became law in July. It calls for prior written approval for public demonstrations on a street or sidewalk at the Capitol or state-owned buildings or one where a state agency operates by the public safety commissioner or the chief of the Capitol Police, which falls under his agency. 

At an Aug. 8 meeting, Public Safety Commissioner Sean Tindell said the agency is considering the First Amendment as it drafts regulations, and it wants to balance a right to speech with public safety. An agency spokesperson did not respond to a request for comment. 

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Critics of SB 2343 say the law would limit the right to protest that is founded in the First Amendment, and it could have a chilling effect on speech because of potential consequences, such as arrest, conviction in the soon-to be operating Capitol Complex Improvement District court and possible time served for a misdemeanor at the Central Mississippi Correctional Facility rather than a county jail. 

“It’s the law itself where the problem lies,” said Frank Rosenblatt, a Mississippi College School of Law associate professor who teaches classes about constitutional law and the First Amendment. 

In First Amendment law, speech regulations in a traditional public forum, such as sidewalks and public streets outside state-owned buildings, typically need to meet several requirements: They are content neutral, are narrowly tailored to serve a significant interest and open alternatives for speech. 

Rosenblatt doesn’t believe the court will be satisfied with the Department of Public Safety’s “blanket explanation” of public safety as a reason to restrict speech. 

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U.S. District Court Judge Henry Wingate granted a preliminary injunction of SB 2343 last year in an ongoing lawsuit that consolidated a of the law with a suit challenging House Bill 1020, which established the CCID court and directed state to make judicial and prosecutor appointments to the court. 

Because a preliminary injunction of SB 2343 is still in effect, DPS currently cannot enforce any regulations it adopts stemming from the law. 

Under the Mississippi Administrative Procedures Act, a public meeting about any state agency’s proposed regulations can be held if at least 10 members of the public request one in writing. 

This threshold was met for the regulations DPS is drafting for SB 2343, leading to the Aug. 8 meeting at the Capitol. 

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Rosenblatt and one of his law , Ren Allen, spoke during the public comment section and said they were seeking clarity about how the agency is writing the regulations, including how it would consider the First Amendment, how it defines public safety and wellbeing. 

“I don’t have a lot of faith that this proceeding changed anyone’s mind at DPS about moving forward with the regulation implementation,” said Allen, who is in her final year of law school. “I hope I’m wrong and I hope that they heard the arguments and heard from their citizens.” 

Draft regulations posted on the state’s administrative bulletin refer to a number of types of demonstrations including parades, athletics, block parties, festivals and other special events where there is expected to be 25 or more people who could be reasonably expected to block entrance and exit from any state building. 

Requests for approval would need to be submitted at least 30 days before the event date, according to the draft regulations. 

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Approval or denial of a request would take place no longer than 10 days after receipt for events with a pre-established route. Action on special events would be taken no longer than four days after a request for approval. Written notification would be provided of the request’s outcome, including reasons for conditional approval or denial, according to the draft regulations. 

In recent years, a number of demonstrations have taken place at the Capitol and other state buildings, including demonstrations about Jackson’s water system issues that passed by the Governor’s Mansion, protests of the overturn of Roe v. Wade and gatherings by residents and public officials to speak out against legislation. 

A proposed 30-day minimum of notice can limit people’s ability to protest about current events, Rosenblatt said. 

“All of those things would be off limits for people to speak about,” he said. 

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

A Mississippi town moves a Confederate monument that became a shrouded eyesore

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mississippitoday.org – Emily Wagster Pettus, Associated Press – 2024-09-18 14:17:57

GRENADA (AP) — A Mississippi town has taken down a Confederate monument that stood on the courthouse square since 1910 — a figure that was tightly wrapped in tarps the past four years, symbolizing the community’s enduring division over how to commemorate the past.

Grenada’s first Black mayor in two decades seems determined to follow through on the city’s plans to relocate the monument to other public land. A concrete slab has already been poured behind a fire station about 3.5 miles (5.6 kilometers) from the square.

But a new fight might be developing. A Republican lawmaker from another part of Mississippi wrote to Grenada officials saying she believes the city is violating a that restricts the relocation of war memorials or monuments.

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The Grenada City Council voted to move the monument in 2020, weeks after police killed George Floyd in Minneapolis. The vote seemed timely: Mississippi legislators had just retired the last state in the U.S. that prominently featured the Confederate battle emblem.

The tarps went up soon after the vote, shrouding the Confederate soldier and the pedestal he stood on. But even as people complained about the eyesore, the move was delayed by tight budgets, state bureaucracy or political foot-dragging. Explanations vary, depending on who’s asked.

A new mayor and city council took office in May, prepared to take action. On Sept. 11, with little advance notice, police blocked traffic and a work crew disassembled and removed the 20-foot (6.1-meter) stone structure.

“I’m glad to see it move to a different location,” said Robin Whitfield, an artist with a studio just off Grenada’s historic square. “This represents that something has changed.”

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Still, Whitfield, who is white, said she wishes Grenada had invited the community to engage in dialogue about the symbol, to bridge the gap between those who think moving it is erasing history and those who see it as a daily reminder of white supremacy. She was among the few people watching as a crane lifted parts of the monument onto a flatbed truck.

“No one ever talked about it, other than yelling on Facebook,” Whitfield said.

Mayor Charles Latham said the monument has been “quite a divisive figure” in the town of 12,300, where about 57% of residents are Black and 40% are white.

“I understand people had and stuff to fight and die in that war, and they should be proud of their family,” Latham said. “But you’ve got to understand that there were those who were oppressed by this, by the Confederate flag on there. There’s been a lot of hate and violence perpetrated against people of color, under the color of that flag.”

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The city received permission from the Mississippi Department of Archives and History to move the Confederate monument, as required. But Rep. Stacey Hobgood-Wilkes of said the fire station site is inappropriate.

“We are prepared to pursue such avenues that may be necessary to ensure that the statue is relocated to a more suitable and appropriate location,” she wrote, suggesting a Confederate cemetery closer to the courthouse square as an alternative. She said the Ladies Cemetery Association is willing to deed a parcel to the city to make it happen.

The Confederate monument in Grenada is one of hundreds in the South, most of which were dedicated during the early 20th century when groups such as the United Daughters of the Confederacy sought to shape the historical narrative by valorizing the Lost Cause mythology of the .

The monuments, many of them outside courthouses, came under fresh scrutiny after an avowed white supremacist who had posed with Confederate flags in photos posted online killed nine Black people inside the historic Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in 2015.

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Grenada’s monument includes images of Confederate president and a Confederate battle flag. It was engraved with praise for “the noble who marched neath the flag of the Stars and Bars” and “the noble women of the South,” who “gave their loved ones to our country to conquer or to die for truth and right.”

A half-century after it was dedicated, the monument’s symbolism figured in a voting rights march. When the Rev. Martin Luther King Jr. and other civil rights leaders held a mass rally in downtown Grenada in June 1966, Robert Green of the Southern Christian Leadership Conference scrambled up the pedestal and planted a U.S. flag above the image of Davis.

The cemetery is a spot Latham himself had previously advocated as a new site for the monument, but he said it’s too late to change now, after the city already budgeted $60,000 for the move.

“So, who’s going to pay the city back for the $30,000 we’ve already expended to relocate this?” he said. “You should’ve showed up a year and a half ago, two years ago, before the city gets to this point.”

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A few other Confederate monuments in Mississippi have been relocated. In July 2020, a Confederate soldier statue was moved from a prominent spot at the University of Mississippi to a Civil War cemetery in a secluded part of the Oxford campus. In May 2021, a Confederate monument featuring three soldiers was moved from outside the Lowndes County Courthouse in Columbus to another cemetery with Confederate soldiers.

Lori Chavis, a Grenada City Council member, said that since the monument was covered by tarps, “it’s caused nothing but more divide in our city.”

She said she supports relocating the monument but worries about a . She acknowledged that people probably didn’t know until recently exactly where it would reappear.

“It’s tucked back in the woods, and it’s not visible from even pulling behind the fire station,” Chavis said. “And I think that’s what got some of the citizens upset.”

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Crooked Letter Sports Podcast

Podcast: New Orleans sports columnist and author Jeff Duncan joins the podcast to talk about his new Steve Gleason book and the new-look New Orleans Saints.

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mississippitoday.org – Rick Cleveland and Tyler Cleveland – 2024-09-18 10:00:00

Jeff Duncan went from the Mississippi Book in on Saturday to Jerry World in Dallas on Sunday where he watched and wrote about the Saints’ total dismantling of the Dallas Cowboys. We about both and also about what happened in high school and college football last and what’s coming up this weekend.

Stream all episodes here.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1899

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mississippitoday.org – Jerry Mitchell – 2024-09-18 07:00:00

Sept. 18, 1899

Credit: Wikipedia

Scott Joplin, known as “the King of Ragtime,” copyrighted the “Maple Leaf Rag,” which became the first song to sell more than 1 million copies of sheet music. The popularity launched a sensation surrounding ragtime, which has been called America’s “first classical music.” 

Born near Texarkana, , Joplin grew up in a musical . He worked on the railroad with other family members until he was able to earn money as a musician, traveling across the South. He wound up playing at the World’s Fair in Chicago in 1893, where he met fellow musician Otis Saunders, who encouraged him to write down the songs he had been making up to entertain audiences. In all, Joplin wrote dozens of ragtime songs. 

After some , he moved to New York , hoping he could make a living while stretching the boundaries of music. He wrote a ragtime ballet and two operas, but success in these new forms eluded him. He was buried in a pauper’s grave in New York City in 1917. 

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More than six decades later, his music was rediscovered, initially by Joshua Rifkin, who recorded Joplin’s songs on a record, and then Gunther Schuller of the New England Conservatory, who performed four of the ragtime songs in concert: “My faculty, many of whom had never even heard of Joplin, were saying things like, ‘My gosh, he writes melodies like Schubert!’” 

Joplin’s music won over even more admirers through the 1973 , “The Sting,” which won an Oscar for the music. His song, “The Entertainer,” reached No. 3 on Billboard and was ranked No. 10 among “Songs of the Century” list by the Recording Industry Association of America. His opera “Treemonisha” was produced to wide acclaim, and he won a Pulitzer Prize in 1976 for his special contribution to American music. 

“The ragtime craze, the faddish thing, will obviously die down, but Joplin will have his position secure in American music history,” Rifkin said. “He is a treasurable composer.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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