Editing Free speech zone (section)

===ACLU litigation===
In 2003, the ACLU brought a lawsuit against the Secret Service, ''[[ACORN v. Secret Service]]'', representing the [[Association of Community Organizations for Reform Now]] (ACORN).  "The federal court in Philadelphia dismissed that case in March [2004] after the Secret Service acknowledged that it could not discriminate against protesters through the use of out-of-sight, out-of-earshot protest zones."<ref name="ACLU2">[https://www.aclu.org/freespeech/protest/11509prs20041209.html ACLU Files Lawsuit on Behalf of Protesters Arrested at Bush Rally in Pennsylvania]. ACLU press release, December 9, 2004. Retrieved on December 22, 2006.</ref>  Another 2003 lawsuit against the city of Philadelphia, ''[[ACORN v. Philadelphia]]'', charged that the [[Philadelphia Police Department]], on orders from the Secret Service, had kept protesters "further away from the site of presidential visits than Administration supporters.  A high-ranking official of the Philadelphia police told [[ACLU of Pennsylvania]] Legal Director [[Stefan Presser]] that he was only following Secret Service orders."<ref name="ACLU"/><ref>[http://homepage.ntlworld.com/jksonc/docs/acorn-docket-edpa-03cv4312.html ACORN v. Philadelphia] {{webarchive|url=https://web.archive.org/web/20070224015243/http://homepage.ntlworld.com/jksonc/docs/acorn-docket-edpa-03cv4312.html |date=February 24, 2007 }} docket sheet. WarLaw archive</ref> However, the court found the ACLU lacked [[standing (law)|standing]] to bring the case and dismissed it.<ref>[http://www.fepproject.org/factsheets/politicalspeech.html Fact Sheet on Political Dissent and Censorship] The [[Free Expression Policy Project]], November 2006. Retrieved December 22, 2006.</ref>

<blockquote>The Secret Service says it does establish 'public viewing areas' to protect dignitaries but does not discriminate against individuals based on the content of their signs or speech. 'Absolutely not,' said Tom Mazur, a spokesman for the agency created to protect the president. 'The Secret Service makes no distinction on the purpose, message or intent of any individual or group.' Civil libertarians dispute that. They cite a [[Corpus Christi, Texas|Corpus Christi]], Texas, couple, Jeff and Nicole Rank, as an example. The two were arrested at a Bush campaign event in [[Charleston, West Virginia|Charleston]], West Virginia, on July 4, 2004, when they refused to take off anti-Bush shirts. Their shirts read, 'Love America, Hate Bush' ... The ACLU found 17 cases since March 2001 in which protesters were removed during events where the president or vice president appeared. And lawyers say it's an increasing trend.<ref name="Redner">Montgomery, Ben. Is It Free Speech If Protesters in Effect Are Put in Quarantine? The ''[[Tampa Tribune]]'', July 4, 2005. Retrieved from Lexis Nexis on December 20, 2006</ref> </blockquote>

According to Jeff Rank, Nicole Rank's shirt did say "Love America, Hate Bush" while Jeff Rank's shirt said "Regime change starts at home."{{Clarify|date=February 2021}}<ref name="rank">[https://www.aclu.org/multimedia/2006conference/oct16_jeff_rank.mp3 Jeff Rank, while at a reception for ACLU clients, talks about the repercussions of criticizing President Bush.] {{webarchive|url=https://web.archive.org/web/20091011101803/http://www.aclu.org/multimedia/2006conference/oct16_jeff_rank.mp3 |date=October 11, 2009 }} From [http://action.aclu.org/conference/podcasts.html Podcasts: Voices From the Conference]  {{webarchive|url=https://web.archive.org/web/20070220052328/http://action.aclu.org/conference/podcasts.html |date=February 20, 2007 }} October 16, 2006</ref>

The incident occurred several months after the Secret Service's pledge in ''ACORN v. Secret Service'' not to discriminate against protesters.  "The charges against the Ranks were ultimately dismissed in court and the mayor and city council publicly apologized for the arrest.  City officials also said that local law enforcement was acting at the request of Secret Service."<ref name="ACLU3">[https://www.aclu.org/freespeech/protest/11462prs20040914.html Secret Service and White House Charged with Violating Free Speech Rights in ACLU Lawsuit].  ACLU press release, September 14, 2004. Retrieved on December 22, 2006.</ref>  ACLU Senior Staff Attorney Chris Hansen pointed out that "The Secret Service has promised to not curtail the right to dissent at presidential appearances, and yet we are still hearing stories of people being blocked from engaging in lawful protest", said Hansen.  "It is time for the Secret Service to stop making empty promises."<ref name="ACLU3"/>  The Ranks subsequently filed a lawsuit, ''[[Rank v. Jenkins]]'', against Deputy [[Assistant to the President]] Gregory Jenkins and the Secret Service.  "The lawsuit, ''Rank v. Jenkins'', is seeking unspecified damages as well as a declaration that the actions leading to the removal of the Ranks from the Capitol grounds were unconstitutional."<ref name="ACLU3"/>  In August 2007, the Ranks settled their lawsuit against the Federal Government.  The government paid them $80,000, but made no admission of wrongdoing.<ref>[https://abcnews.go.com/TheLaw/wireStory?id=3489979 Feds Pay $80,000 Over Anti-Bush T-Shirts]. ABC News. August 16, 2007</ref>  The Ranks' case against Gregory Jenkins is still pending in the District of Columbia.{{Update inline|date=February 2021}}<ref>Chris Weigant. [https://www.huffingtonpost.com/chris-weigant/exclusive-interview-with-_b_60934.html Exclusive Interview With ACLU Lawyer In Bush Rally Free Speech Case]. August 17, 2007</ref>

As a result of ACLU [[subpoena]]s during the [[Discovery (law)|discovery]] in the ''Rank'' lawsuit, the ACLU obtained the White House's previously classified [[presidential advance manual]].<ref name="manual"/>  The manual gives people organizing presidential visits specific advice for preventing or obstructing protests.  "There are several ways the advance person" – the person organizing the presidential visit – "can prepare a site to minimize demonstrators.  First, as always, work with the Secret Service to and have them ask the local police department to designate a protest area where demonstrators can be placed, preferably not in view of the event site or motorcade route.  The formation of 'rally squads' is a common way to prepare for demonstrators ... The rally squad's task is to use their signs and banners as shields between the demonstrators and the main press platform  ... As a last resort, security should remove the demonstrators from the event site."<ref name="manual">[https://www.aclu.org/pdfs/freespeech/presidential_advance_manual.pdf  Presidential Advance Manual]. October 2002 edition.</ref>