A Bucky Badger who marched in the No Kings protest in Madison said he didn't mind missing the football game for such and important event. | Photo by Baylor Spears/Wisconsin Examiner

Tens of thousands of Wisconsinites participated in No Kings marches and rallies Saturday, with turnout exceeding the June No Kings rallies in Madison, Milwaukee, Green Bay and even in smaller towns including Hayward. 

An estimated 20,000 marchers descend on the Capitol in Madison

Protesters, many wearing inflatable animal costumes and carrying signs, gathered in McPike Park in downtown Madison and marched one mile up East Washington Avenue to the Capitol, shutting down intersections and blocking the major thoroughfare for blocks, following the Forward Marching Band.

Marchers chanted “Show me what democracy looks like! This is what democracy looks like!” and “We are unstoppable! A better world is possible!”

The march started a little before the UW-Madison football team was scheduled to kick off against Ohio State. A Bucky the Badger who came to the march said he wasn’t upset about missing the game for the protest. “The People’s Bucky believes in democracy… Without democracy, there would be no games,” he said.

Candy Neumeier, a former teacher who drove down from outside of Oshkosh for the rally, said she was attending to “stand up for our rights,” which are “being trampled on by this wannabe dictator and his crew.” She wore a trash bag with Jeffrey Epstein’s face and President Donald Trump’s hand drawn on it. “I really believe that we need to release the Epstein files.”

From a stage set up on the Capitol steps, Ali Muldrow, a Madison school board member and activist who emceed the rally, said there are about 20,000 people at the protest in Wisconsin’s capital city.

Dane County Circuit Court Judge Everett Mitchell told the crowd,“Yes, judges are out here, too. I might get in trouble on Monday, but I’m here right now.” 

“You’re living in the redefinition of our democracy right now. Our legal systems are being retooled, reconfigured, and realigned to incentivize ultimate power… The war for civil rights is being waged all over again,” Mitchell added.

Ben Wikler, former Democratic Party of Wisconsin chair, tied the protests and pushback against Trump to the crucial state level elections that will take place in Wisconsin in 2026, including the spring state Supreme Court election, the race for an open gubernatorial seat and races that will determine control of the state Senate and Assembly in the fall.

“The only way to break democracy in America is to break it in the states,” Wikler said. “If Trump wants to be king, he’s going to need people in offices like the governorship who certified elections in the state of Wisconsin and offices, like our state Supreme Court, who will be in his back pocket. Wisconsin, are we going to be in Trump’s back pocket next year?”

The crowd shouted, “No!”  

“Are we gonna be on the streets instead and talk to people who maybe never voted before, but are ready to vote now because they understand what is at stake?” Wikler asked to the sound of cheers. “Are we gonna get out of the boat, and are we gonna win elections and are we going to defend democracy?” 

“Let’s fight! No kings! Forward!” Wikler shouted. 

— Baylor Spears

Milwaukee tops 18,000

More than 18,000 protesters filled downtown Milwaukee as part of the No Kings day events taking place across Wisconsin and the country Saturday to protest the administration of President Donald Trump.

A large number of people at the protest said they were motivated to come Saturday as a direct response to what they see as heavy handed actions by Immigration and Customs Enforcement. In recent weeks, ICE has increased its presence in Wisconsin, conducting raids of migrant workers in communities including Madison and Manitowoc.

The protest attendance topped the 16,000 that attended the No Kings protest in the city in June — despite sister events taking place in the Milwaukee County suburbs of Cudahy, Greenfield and Shorewood, and additional events in nearby Waukesha County.

The crowd gathered at Cathedral Square Park, just blocks from city hall, before marching on a 1.8 mile course through downtown.

Mirroring protesters that have gained attention for wearing inflatable costumes during confrontations with federal agents in cities such as Chicago and Portland, Ore., attendees in Milwaukee were dressed as dinosaurs, aliens and unicorns.

At the park, Jim Baran, a Brown Deer resident, sported a banana costume and flew an upside down U.S. flag — a maritime code for distress. Baran said he wanted to attend the protest to show he’s “not going to stand for shenanigans” from the Trump administration.

“He’s selling America, he doesn’t care about Americans,” Baran said.

Stephanie Jacks, a New Berlin resident, said she came to the Milwaukee protest so residents of the city know people in the surrounding communities support it.

“There’s no due process,” she said. “There’s no checks and balances.”

A Milwaukee resident who only gave their name as J. and said they were a first generation Mexican-American, was dressed in an inflatable alien costume in an effort to make Trump claims of violent protesters seem silly and “take the wind out of their sails.”

“This alien is anti-ICE,” they said.

Kelly, a Milwaukee resident who declined to give a last name, said she’s a former deputy sheriff who is “appalled” by the actions of ICE agents. “I can’t believe what they’re doing,” she said. “The level of incompetence, no training, no supervision, no rules. It’s just insane.”

— Henry Redman

Green Bay rebuffs ICE

On Green Bay protestors’ march downtown, one of their chants was “No KKK, no fascist USA, no ICE.”

By the Brown County Courthouse in downtown Green Bay, protestors sang advice for interacting with law enforcement, including “Ask if you’re free to go, ask for a lawyer, protect yourself and neighbors and record, record, record.”

A speaker called for the crowd to go to their sheriffs about sheriffs’ partnerships with ICE, report possible ICE activity to the advocacy group Voces de la Frontera “so we can protect the immigrants who are amongst us,” tell legislators to pass a bill allowing drivers’ licenses for immigrants without legal status and support families they know who have been separated. 

Other speeches included concerns related to public education, trans rights, Israel and Palestine and free speech. 

Rick Crosson, candidate for northeast Wisconsin’s 8th Congressional District, came to the protest. He told the Examiner that “for us, it’s about getting back what the Constitution had intended. And that is, have the people run the show. No kings, no dictators, no autocrats.”

Green Bay’s Neville Public Museum is looking for donations that reflect people’s experiences with “No Kings.” In a Facebook post, the museum provided a list of items it is specifically looking for, which includes protest or counter-protest signs, photographs, journal entries and digital recordings. 

“It is our responsibility to collect the stories of today to help create understanding in the future,” the museum explained in a statement. 

— Andrew Kennard

Hayward sees record crowd

 

A protest in Hayward, Wisconsin, hometown of Sean Duffy,  Secretary of Transportation topped 1,200 participants, the largest protest ever in the small northern Wisconsin city with a population of about 2,500. 

Joan Ackerman of Hayward said the protesters are not “un-American,” as some Republican politicians have claimed, but just want to exercise their freedom of speech about things happening in the country that concern them.

Kay, a woman  from Barnes, Wisconsin, who carried a sign that said “fight truth decay,” said she came to the protest in Hayward “because of the current political environment.” She added, “We have become so divisive because of misleading and alternative facts. We need objective news that is non-partisan.”

Natalie of Hayward, who carried a sign that said, “Health care is a right,” said she was at the protest because she doesn’t  like the direction the country is headed. “We need to make it safe for our kids,” she said.

Steve, another Hayward resident who is an Air Force veteran of the Vietnam War, explained that he feels the country is moving away from the core principles of democracy he fought to defend.

 

Gary Quaderer, Sr., a Vietnam Army vet and spiritual leader of the Lac Courte Oreilles Tribe said this is the first protest he has ever participated in. “I thought it was very important,” he said. “I don’t like where the country is headed. … I just wanted to come out with all these other good people here just to protest what was going on.”

Paul DeMain, editor of the national News from Indian Country newspaper based in Hayward said the gathering was historic, the largest protest Hayward had ever seen.

 

— Frank Zufall

‘Love of country’ in Janesville

In a downtown park in Janesville, Wisconsin, organizers estimated 1,000 or more people turned out on a warm, sunny Saturday morning. 

In addition to packing the sidewalks at the intersection of Court and Main streets at the corner of Courthouse Park, rally goers milled through the park space. Many sat in the well surrounding the stage, where a handful of speakers made brief remarks.

“There are 93 rallies in Wisconsin,” said U.S. Rep. Mark Pocan (D-Black Earth). Pocan recalled the words of the Republican U.S. House Speaker Mike Johnson a few days ago.

“They’re trying to falsely call this a Hate America rally,” Pocan said. “People who are here today are the ones who love their country. This rally is really showing that love of country over everything else.”

Another speaker was state Sen. Mark Spreitzer (D-Beloit), whose district includes Janesville. 

“We are here to peacefully demonstrate — as the First Amendment gives us the right to do — and to call on our government to do better, to respect our rights, to respect the Constitution, and to do right by the American people,” Spreitzer told the crowd. 

“We’re also here to say that we are a welcoming community, that immigrants make our community stronger, that LGBT people make our community stronger, that people of color make our community stronger, that people with disabilities make our community stronger.,” Spreitzer said. “We are here to stand up for everybody’s right to coexist as part of our community and to get ahead in life.”

Spreitzer acknowledged that for opponents of the president, Saturday’s rally was but one step in a much longer struggle.  

“This is not going to be the last time we’re going to have to keep getting together and doing this,” he said. “I know it is going to be a long fight, but we’re going to win that fight. We’re going to take our country back.”

Virtually every speaker made a point of emphasizing the peaceful intentions and means of participants in the protest. 

State Rep. Ann Roe (D-Janesville), offered her mother’s advice for people who may be confronted by supporters of the president. 

“You know what my mom used to say? Kill them with kindness,” Roe said. “Nothing makes them madder.”

In a brief interview, Roe said that as she wandered through the crowd, she encountered a variety of people she has known from various aspects of her life, all taking part.

“I have seen neighbors here. I have seen people I’ve worked with and we’ve never discussed politics,” Roe said.

“It sounds corny, but that’s what gives me hope. We’re back to the old ways — one-on-one conversations. By remaining kind and open as a long-term strategy, That’s what keeps us from devolving into chaos.”

— Erik Gunn

In Kenosha, resistance through building community

Across the state in the city of Kenosha, a crowd of about 2,500 people filled the sidewalks on both sides of Sheridan Road, Downtown Kenosha’s primary north-south thoroughfare, along a four-block stretch.

Signs, the vast majority of them home-made, filled the air. So did the steady honking of passing cars as drivers sounded their horns in support of the demonstrators throughout the three-hour gathering. The sign-waving crowd cheered back in response.

Organizers had envisioned a dance party theme for their afternoon No Kings protest. A Michael Jackson impersonator lip-synched to recordings of Jackson’s biggest hits while effortlessly mimicking Jackson’s trademark dance steps on the concrete walkway of Civic Center Park. 

“We couldn’t drag people away from their chanting and cheering,” said Sheila Rawn, one of the principal organizers for Hands Off Kenosha, which put together the local version of the No Kings demonstration.

“We chose to not even try to have speakers because people don’t want to come and hear speeches,” she added. “They want to stand on the street.” 

Rawn and a co-organizer, Jennifer Weinstein, were both dressed in lion costumes. People were invited to “dress as your favorite king or queen that would do better than the wannabe king that we have in the White House,” Rawn explained. “Yeah, so, no kings — but if we did have a king, you know, like a lion king would make a better king. King Kong would make a better king. A monarch butterfly would make a better king.”

It’s part of the group’s philosophy of “tactical frivolity,” Weinstein said. 

“For the record, We were planning costumes before all the Portland stuff,” Rawn said, referring to the national attention that a Portland protester in a frog suit got recently.

Hands Off Kenosha launched in the spring, an outgrowth of the April 5 Hands Off rally. Having gone to Chicago and Milwaukee for large protest events during Trump’s first administration, “it was important to me to be like, ‘No, we’re doing it here,’” Rawn said. “Kenosha is the fourth largest city in Wisconsin. We are big enough to have our own protests.”

Memories of the unrest Kenosha experienced in 2020, when self-styled militia members clashed with protesters and teenager Kyle Rittenhouse shot three men, two of them fatally, an act for which he was later acquitted, have lingered, she acknowledged. 

“I have definitely had conversations with lots of people who have said they’re nervous about coming because the community is still grappling with what happened in 2020,” Rawn said. “And so there are some people who are afraid that violence could happen, but we’ve got over a six-month track record of being peaceful and playful and joyful. And we have been really intentional.”

On a table at one end of the park, bags and bags of personal hygiene products overflowed — a collection that the organizers made part of the event. They had a school supply drive at an August protest and have conducted food drives as well. 

“It’s important to us to include mutual aid,” Rawn said. “Building community is its own form of resistance.”

— Erik Gunn

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Charlotte Stone, 18, of Virginia Beach, Virginia, held a sign depicting President Donald Trump with a Hitler mustache, at the "We Are All DC" march Saturday, Sept. 6, 2025, in the District of Columbia to protest the deployment of National Guard troops in the nation's capital. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — House Democrats demanded Thursday that President Donald Trump rescind two ominous directives they say target protest and dissent in the United States, including directing federal law enforcement resources to investigate groups that are “anti-American” and “anti-Christian.”

In a letter to the White House the lawmakers sharply criticize a “complete and utter lack of any legal basis” for Trump’s Sept. 22 executive order “Designating Antifa as a Domestic Terrorism Organization” and his Sept. 25 memo directing federal law enforcement to investigate and disrupt a wide range of activities by groups or individuals with a vast array of beliefs.

“While protecting public safety and countering genuine threats are essential responsibilities of government, the sweeping language and broad authority in these directives pose serious constitutional, statutory, and civil liberties risks, especially if used to target political dissent, protest, or ideological speech,” states the letter led by Democratic Reps. Mark Pocan of Wisconsin, Jared Huffman of California and Pramila Jayapal of Washington. 

The letter comes just two days ahead of thousands of nationwide demonstrations, dubbed “No Kings Day,” against the activities of the Trump administration, including the deployment of federal law enforcement and National Guard troops in major American cities.

“Regardless of whether the President agrees with someone’s political views, the Constitution guarantees their right to speak and assemble peacefully. Officials must not label individuals as ‘supporting Antifa’ or ‘coordinating with Antifa’ based solely on their protected speech,” according to the letter. 

“Antifa” is not one group. Rather, it’s an ideology that disapproves of the fascist style of governance.

The letter continues: “In fact, neither the memo nor the executive order clearly defines ‘Antifa’ as a specific entity. Instead, the executive order conflates nonviolent protest and activism with doxing and violent behavior. Without clear definitions and limits, this vague framing could subject lawful political expression and assembly to the same treatment as terrorism.”

Twenty-eight other Democratic lawmakers signed alongside Pocan, co-chair of the Congressional Equity and Labor caucuses; Jayapal, former head of the Congressional Progressive Caucus; and Huffman, founder of the Congressional Freethought caucus.

When asked about the letter, White House spokesperson Abigail Jackson responded to States Newsroom: “The only thing Democrats love defending more than criminal illegal aliens is Antifa.”

Trump memo

Trump’s Sept. 25 national security memo orders the National Joint Terrorism Task Force and its local offices to create a comprehensive national strategy to not only disrupt and prosecute political violence but also to investigate funders and employees of organizations “that aid and abet” those who commit violence or who are “recruiting and radicalizing” people to do so. 

There are about 200 such task forces in the U.S., including at least one in each Federal Bureau of Investigation’s 56 field offices and the rest in local, state and other federal agencies, according to the FBI.

The memo states that “Common threads animating this violent conduct include anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the United States Government; extremism on migration, race, and gender; and hostility towards those who hold traditional American views on family, religion, and morality.”

Such conduct, according to the memo, is organized “through a variety of fora, including anonymous chat forums, in-person meetings, social media, and even educational institutions” and then escalates “to organized doxing.”

The directive also instructs Treasury Secretary Scott Bessent and the commissioner of the Internal Revenue Service, who also happens to be Bessent after Trump fired his original pick two months into the job, to be on the lookout for suspect funding streams and ensure no tax-exempt entities “directly or indirectly” finance political violence or domestic terrorism. 

‘Fever dream of conspiracies’

The memo does not create any new parts of the criminal code or grant any new powers to federal law enforcement, including the FBI and agents who work in the criminal investigations units at the Department of Treasury and IRS.

The American Civil Liberties Union described the memo as “a fever dream of conspiracies, outright falsehoods, and the president’s distorted equation of criticism of his policies by real or perceived political opponents with ‘criminal and terroristic conspiracies.’”

“Through the memo, the president instructs federal departments and law enforcement agencies to use authorities they already have and focus them on investigations of civil society groups — including nonprofits, activists, and donors — to ‘disrupt’ and ‘prevent’ the president’s fever-dream version of ‘terrorism’ and ‘political violence,’” the ACLU’s Hina Shamsi wrote in an Oct. 15 article posted on the organization’s website.

Bascom Hall, University of Wisconsin-Madison. (Ron Cogswell | used by permission of the photographer)

University of Wisconsin campuses could be limited in their ability to raise tuition under two Republican bills that received a hearing in the Senate Universities and Technical Colleges committee. One would leverage tuition freezes on campuses as a penalty for free speech violations, while the other would aim to help with affordability for students and families by capping tuition increases.

With the conclusion of the budget process over the summer and a $250 million investment in the UW system, Democratic and Republican lawmakers have recently turned their attention to potential policy changes that could be made to the higher education system in Wisconsin. Democratic lawmakers announced their own proposals for helping with higher education costs last week.

Implementing financial penalties on UW, technical colleges for free speech violations

Rep. Amanda Nedweski (R-Pleasant Prairie) said her bill would enshrine the principle of current University of Wisconsin system policy in law to clarify and protect the First Amendment rights of students, staff and visitors. 

Current UW system policy includes its commitment to freedom of speech and expression along with some accountability measures including conduct and due process mechanisms to address violations. 

A similar bill passed the Assembly in 2023, but failed to receive a vote in the Senate. Earlier versions of the policy were introduced after a controversial survey of UW campuses that found that a majority of students who responded said they were afraid to express views on certain issues in class. The survey had an average response rate of 12.5% across all UW System campuses. 

The latest iteration of the bill was introduced just six days after the assassination of right-wing activist Charlie Kirk, who has become a recurring point of discussion and debate. Lawmakers passed a resolution this week to honor his life.

Nedweski noted that another survey by the Foundation for Individual Rights and Expression (FIRE) that found that 35% of students say using violence to stop someone from speaking on campus is acceptable at least in rare cases. The survey included responses from 423 people. 

“It’s clearly even more chilling in light of the recent political assassination of conservative activist Charlie Kirk on a college campus. When we accept the false premise that speech is equivalent to violence, we allow violence to replace speech as a means of debate… We’ve seen many of our college campuses devolve into marketplaces of fear of certain viewpoints,” Nedweski said. “While Charlie Kirk’s assassination on the college campus is the most extreme example of this, it is not the first time conservatives on campus have been threatened or intimidated for their views.” 

Nedweski said the bill would help restore trust.

“The breakdown in public trust is real. It will only get worse unless our colleges and universities get serious about restoring intellectual diversity on campus, I believe,” Nedweski said. 

SB 498 would bar UW institutions from restricting speech from a speaker if their conduct “is not unlawful and does not materially and substantially disrupt the functioning of the UW institution or technical college.” It would also restrict enforcement of time, place and manner restrictions on expressive activities in public forum spaces, designating any place a “free speech zone,” charging security fees as a part of a permit application and sanctioning people for discriminatory harassment unless the speech “targets its victim on the basis of a protected class under law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits.” 

If an institution is found to violate the provisions by a state or federal court, then it would receive a notice and a person whose expressive rights were violated would be able to bring action against the UW Board of Regents or a technical college board. A plaintiff could be awarded damages of at least $500 for the initial violation plus $50 for each day after the complaint was filed and the violation continues up to $100,000. A plaintiff could also be awarded court costs and reasonable attorney fees. 

Students, employees and campus organizations would have a due process guarantee under the bill. If the due process provisions are violated more than once in a five-year period, a campus would be required to freeze tuition for all students for the following two academic years.

Nedweski said she hadn’t spoken with the UW system about the legislation this session, but she is open to conversations. 

“I’ve expressed it from the start of the session for the UW to come and work with us on this to get to a place where they can be a thumbs up, but I haven’t heard from anyone,” Nedweski said. “They will express some concerns about certain language in the bill and definitions, and I’d like to say today that, of course, the door is still open.”

UW Interim Vice President of University Relations Chris Patton that the system’s concerns with the bills center on the penalties. 

Patton said the penalty of freezing state funding would put the system’s financial health at risk — and potentially compromise the system’s ability to carry out its mission of being a “marketplace of ideas.” 

“Freedom of expression and free speech is not just a constitutional principle. It’s at the very core of what makes our universities thrive,” Patton said. “The First Amendment guarantees this right, and our institutions take seriously our responsibility to uphold it for all students, faculty, staff, visitors and stakeholders at the Universities of Wisconsin. We already have really robust policies and procedures in place.”

Sen. Rachael Cabral-Guevara (R-Appleton), a coauthor on the bill, urged lawmakers to “please understand” that the bill is “not to punish any of our institutions,” but is to “ensure that they’re following what’s already in the Bill of Rights.”

Sen. Chis Larson (D-Milwaukee), the top Democrat on the committee, expressed concern about the aims of the legislation, whether free speech was a top concern that was widespread on campuses and whether the bill could bolster harmful language. 

“I appreciate you guys coming up here to embrace DEI for Republican viewpoints, which this seems to be what this bill is all about — making sure that Republican viewpoints are more represented and encouraged and being inclusive to that,” Larson said. 

“You can call it DEI for conservatism, but there’s nothing in the bill that addresses anything specific to conservatives, liberals, Republicans, Democrats,” Nedweski replied. “It’s free speech protections for everyone.”

Larson noted that he represents the UW-Milwaukee campus and often speaks with students about their concerns and free speech is typically low on the list. He said he hears concerns about affordability and safety more frequently. 

“Other concerns include safety, especially for students who are LGBTQ, students who are of a different race than Caucasian, of their safety on campus, of being targeted with hate crimes,” Larson said. 

Larson also brought up a recent Politico article, which exposed racist messages sent into a group chat of Young Republicans, to ask whether lawmakers thought their bill could encourage that type of speech. 

Larson said he wasn’t concerned with self-censorship that discouraged people from “saying these racist, homophobic, xenophobic, glorification of rape things out in the public, because that is something that in a free and open society should have consequences associated with it.”

“We do not have the exemption for hate speech in our laws and in the First Amendment. It does not exempt hate speech,” Larson said. “It seems to me that this [bill] would pave the way to be able to say, yes, that would be something that is not only allowed on campus, but encouraged.” 

Nedweski said she was not concerned that the bill would “further unhinge people.” 

“We’re all concerned about the political temperature that has risen so high in this country,” Nedweski said. “I don’t have concerns this bill is going to push anybody overboard. The intent is to protect people whether I agree with what their ideas… are or not. I have no association with the group that you’re talking about. I don’t agree with the things that they said. It’s unfortunate that that happened.”

Capping tuition increases

Under SB 399, the UW Board of Regents would be prohibited from increasing undergraduate tuition by more than the consumer price index increase in a given year. 

The bill, coauthored by Sen. Andre Jacque (R-New Franken) and Rep. Dave Murphy (R-Hortonville), was introduced this year after the UW system adopted its third consecutive tuition increase in July. The increases were a maximum of 5% for each campus and were implemented after the recent state budget did not reach the requests the system said would be needed to avoid a hike. 

“With the continued rising prices in almost every area of the economy, some increase in resident tuition is to be expected but we must set common sense guardrails so that any price increases are reasonable, ensuring the UW system remains a cost-effective option for Wisconsin families,” Jacque said. 

Jacque said the recent hike “might be the impetus for the timing this session” but he has seen it as a “reasonable policy” for a while, noting that versions of the bill have been proposed in previous years.

Murphy said he thought the legislation would make it so that lawmakers don’t “have to always be looking” at tuition.

“It’s just up and down and up and down and up and down,” Murphy said. The bill, he added, would help provide a semblance of predictability down the line. “If you have a youngster in the K-12 system and you’re looking at what college is going to cost in the future, you could probably have a good idea of where it is going to go.”

Larson said he found it “noble” what the Republican lawmakers were trying to accomplish with the bill, but asked about why there wasn’t any state contribution included in the bill.

He noted that the portion of state funding that makes up the UW system’s budget has been decreasing over many years. 

“It’s like the cost of groceries,” Larson said, comparing it to “shrinkflation,” a form of inflation where the price of a product stays the same but the size or quantity of a product is reduced. “We’re gonna freeze the cost of a loaf of bread, and then year after year, you’re going to get one slice less, one slice less, one slice less. It will still be the same cost, but you’re getting less. I worry… if you freeze it, we’re going to be getting the equivalent of one slice less every single year in terms of what the deliverable is from the University.” 

Murphy noted that the legislation would just cap increases, not freeze tuition. 

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The arrest and trial of a retired librarian for expressing his views should chill us all. | Photo by Jim Brownlow

We know the slogan “Remember January 6th” but have we forgotten the gut punch it was that day to watch people assault barricades and rappel the walls of our Capitol, break windows and pour into our Capitol’s chambers? Remember watching representatives and senators in their suits, crawling behind those rows of gallery seats? We were stunned by the violence and havoc we were witnessing. 

Jim Brownlow remembers and on Jan. 6 of this year, at 7:15 in the morning, he wrote with red, white and blue chalk on the sidewalk in front of the Muskego Post Office, “Remember January 6th every November.” When you vote, he is saying, remember the violent mayhem you witnessed with your own eyes. 

Two weeks later, two police officers came to Brownlow’s door because the property manager of the post office building complained that someone had “vandalized” the sidewalk and he had to hire a cleaning service to clean it up. When the officers asked Brownlow if he had chalked the sidewalk, he answered only that he had “exercised his constitutionally protected free speech.” He also suggested that chalk can be washed off with soapy water and a broom. The officers left. 

Two weeks later a different officer called to ask Brownlow to come to the police station to answer  more questions in order to complete a report. Brownlow said no, he was busy. The officer said OK, he’d call the next week. On Feb. 4 a new officer called and Brownlow replied he’d already said all he had to say to the first officer.

Within an hour three police officers in two squad cars showed up at his house. Brownlow and his wife invited them in because it was cold outside and normal people in Wisconsin are hospitable. One of the officers said Brownlow was charged with “Criminal Damage to Property Under $1,000” so he was now under arrest and had to go to the station to be processed. (Miranda was not mentioned.) Brownlow said he wouldn’t go without an attorney although, also, he wouldn’t resist because he’s 76 years old and he didn’t want to break anything.

The officers emptied his pockets, patted him down, double handcuffed him, escorted him out his front door to the waiting squad. They drove him to the police station where he was handcuffed to a bench and questioned. His mug shot was taken and he was fingerprinted. They then handed him a summons to appear in municipal court on March 12. 

On March 12 Brownlow said he would not plead guilty and pay a $900 fine (!) so he was given a trial date in August. He tried to enter a plea to dismiss but was told one can’t do that until the trial date.

Six months later, before Brownlow could submit his motion to dismiss, the Muskego prosecutor told the judge the criminal damage charge was dropped because it couldn’t be proven in court. Then, immediately and before Brownlow could figure out what was happening, they turned around and charged him with disorderly conduct. Same moment, same courtroom, same incident, same judge and prosecutor. At that point he was given a new court date of Nov. 7..

And here we are.

Who is Jim Brownlow? He’s us. A quiet guy retired from his career as a middle school librarian. Married to his wife who was a sixth grade teacher when they met. Together they raised their family and were active in their community. Brownlow ran and lost as the Democratic candidate for the Wisconsin Assembly four times from 2010-2016. (Wisconsin’s gerrymandering made it impossible for  Democrats to win in their area.) Brownlow is the kind of person who doesn’t dazzle but whenever you turn around he’s there, caring, helping, championing the privileges and responsibilities of citizenship. 

An assault on our constitutional rights

What are the issues here? The petty harassment of one guy in a small town or an assault on our  constitutional right to free speech? 

Brownlow says it’s the second. 

This is our First Amendment, adopted in 1791. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 

So when we are told the First Amendment is under assault, here it is. Brownlow has done research (I told you he was a librarian). This is what he has learned: 

The Muskego Municipal Code charge of disorderly conduct, adopted from Wisconsin Statute 947.01(1) says it’s unlawful to “engage in violent, abusive, indecent, profane, boisterous, unreasonably loud conduct or in any other disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.”

Wisconsin courts have repeatedly emphasized that:

1. The statute must be applied narrowly to conduct that actually tends to cause or provoke a disturbance. Brownlow replies: Sidewalk chalking is inherently nonviolent, non-abusive and non-threatening. It does not fall into any of the categories listed in the statute.
2. Disorderly conduct cannot be stretched to cover innocuous or constitutionally protected activity. Brownlow replies: Drawing with washable chalk is a common childhood and expressive activity that does not reasonably cause alarm, fear or disruption.
3. The statute requires conduct that is, in context, of a nature to cause real disturbance or disruption. Brownlow replies: Chalking on a sidewalk, where it does not obstruct or endanger others, is expressive conduct entitled to constitutional protection.
4. Peaceful expressive activity is not disorderly conduct. Brownlow replies: Extending ‘disorderly conduct’ to cover chalk risks renders the statute unconstitutionally overbroad, as it would criminalize ordinary, harmless activities.

Brownlow’s conclusion: Because chalking is nonviolent, harmless, and not of a nature to provoke disturbance, it cannot constitute disorderly and the citation must therefore be dismissed.

Brownlow is a thoughtful person. “The people carrying out these charges against me are ordinary Americans who do not see this as what it truly is – an assault on America’s constitutional freedom of expression. There was no damage here. I wrote on my sidewalk at home using the same chalk and it washed off in a minute with a hose and broom.” 

“We need to be vigilant and say what’s on our mind peacefully but with determination.” 

Hordes of menacing people, many with weapons, stormed our Capitol and yet are now living free lives. Jim Brownlow chalked a thoughtful reminder on a public sidewalk and is, eight months later, still facing a threatening charge. There are wildly and dangerously different standards for freedom of speech here. 

On Nov. 7 Jim Brownlow goes to court. I will let you know what happens. 

In the meantime,  if you have chalk and a sidewalk, maybe it’s time to exercise YOUR constitutional right to free speech.

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