‘Freedom of song’ thwarted

By David M. Bresnahan

Shouting loudly over the strains of young voices singing, a government policeman recently stopped a high-school choir’s spontaneous, patriotic concert at the foot of the Statue of Liberty because the students did not have a proper permit in hand that would have allowed them to perform on public property.

Members of the Viewmont High School Choir from Bountiful, Utah, were so impressed by their recent visit to “Lady Liberty” that they began to sing the national anthem on the spur of the moment, impressing bystanders, but not the National Park Service rangers. The students were forced to stop and were threatened with possible arrest if they did not obey.

One of the parents videotaped the experience and captured the gruff voice of a park policeman shouting above the music: “You can’t do that. You kids have got to stop that right now.”

Choir Director Jeanne McGuire said the Park Service needs a lesson in manners.

“They didn’t handle it well. Instead of waiting for the song to end and quietly asking the parents to have the kids stop, they just interrupted and shouted at them,” said McGuire. “They were just doing what was in their hearts,” she added.

McGuire said she is proud of her students and is upset that they were treated the way they were. They should have been complimented, she said, not threatened with arrest.

“A citation is more likely. I can’t imagine it would come to that (arrest),” said David Barna, chief public affairs officer for the National Park Service.

The experience of the youth group from Utah is typical of many, according to Barna, who told WorldNetDaily there are frequent problems with kids who sing patriotic songs at monuments. Many youth groups attempt to sing at places like the Lincoln and Jefferson memorials virtually every day, he said.

The group of high-school seniors from Utah took part in a once-in-a-lifetime exchange concert earlier this month with several high schools in New Jersey. Before returning home, they went on a sightseeing visit to the Statue of Liberty, where they quickly learned that freedom of speech is strictly curtailed at the feet of the very symbol of freedom — unless a permit is granted first.

“The kids all kind of congregated and decided that they wanted to sing the National Anthem. They sang that, and a crowd started to gather, so the kids decided to sing another song,” explained Brenda Burton, the choir’s assistant director.

The crowd wanted to hear more, so the group began to sing their signature song, “May the Road Rise to Meet You,” a famous Irish blessing. Instead of waiting for the song to end, a ranger interrupted the singing and spoiled an otherwise memorable experience for the young singers.

McGuire said parents and bystanders objected because the Statue of Liberty is on public land and is a symbol of freedom — including the freedom of assembly and freedom of speech. The parents were pleased that their children wanted to sing in front of a famous symbol of freedom, and had a hard time understanding why the Park Service would want to prevent such wholesome activity, explained Burton.

Despite the fact that no one complains or objects when a group sings patriotic songs, the Park Service rangers and police are quick to enforce their regulations. Barna said there has been continual controversy at the Statue of Liberty and at monuments in Washington, D.C., for some time.

“We have actually had religious groups of youth lately in the last couple of years, and they come and start singing hymns. We come off as the bad guys. Congress blasts us, (saying): ‘They were singing “God Bless America” and nice Christian hymns. What kind of jerks are you at the Park Service?'” said Barna of the comments he receives from upset members of Congress.

“It gets touchy. It always seems to be the religious music or patriotic music that gets us in trouble,” said Barna. “We actually have a regulation that you can’t go up there and do that kind of thing, because if we allow you to come up and sing “The Star Spangled Banner” very patriotically right there in the chamber (of the Lincoln Monument), how do we deny a heavy metal group from coming up and wanting to play?”

The regulations were established about 50 years ago during a two-year process, according to Barna. “There are things you can do on the first step of the Lincoln Memorial that you can’t do on the top step and above. That’s a regulation,” explained Barna.

“Unfortunately, we get in a position where it gets to be all or none. These chambers are for people to go in solitude and read the words of Lincoln, and read the words of Jefferson and think about what Thomas Jefferson did for the country. It’s difficult to do that if you’re playing your boom box real loud,” said Barna.

The choir from Utah was not playing a boom box, and no one was upset by their spontaneous performance, said McGuire.

“These are really great kids,” she said of the group, who had to compete against 600 others for the opportunity to go on the seniors-only trip.

“They were so excited and so thrilled to be there. Everyone that was listening to them was excited, too. Nobody was bothered or annoyed. It didn’t ruin the trip for that to happen, but they were very startled and surprised that they were treated so shabbily, because they were totally innocent,” said McGuire.

Barna said there are no plans to change the regulations or treat such groups differently.

Daniel T. Brown, chief ranger for interpretation of regulations at the Statue of Liberty/ Ellis Island National Monument faxed WorldNetDaily a copy of the specific regulations involved. He told WorldNetDaily that the regulations do not restrict First Amendment rights, but are designed “to protect the monument and protect First Amendment rights.”

He said the protection of rights is accomplished by providing a way for people to exercise those rights in an orderly, organized way.

“No one wants to deny anyone their rights,” he said.

The Code of Federal Regulations, Title 36, Section 1.5 authorizes the superintendent of a national monument or park to “designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity.”

Members of the public who wish to express themselves at a national park or monument must first obtain a permit before they can exercise their First Amendment rights. Section 2.51 of the code states: “Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views are allowed within park areas, provided a permit therefore has been issued by the superintendent.”

The permit required for the exercise of First Amendment rights at the Statue of Liberty must be filed 72 hours in advance, although the Park Police told WorldNetDaily they were willing to waive that requirement for the Utah group.

The application also specifies that the activity must take place in a designated area and that no more than two such permits will be issued per day. The Utah group was told that they could not sing because two permits for that day had already been issued.

An application may be denied by the superintendent for many different reasons specified in the regulations, including conflicts with others who applied first, if the presentation presents a danger to the public, if the presentation will be too long, cause damage to park facilities or similar reasons.

“It’s not like we’re denying them the right to sing the National Anthem. We already had two performances that day and there wasn’t room for any more. I brought her in my office and gave her the same speech I’m giving you, but she wouldn’t have any of it. She walked out,” said a man who identified himself as “a sergeant for the Park Police.”

A similar permit is required at other locations. Earl Kettleman, chief public affairs officer for the northern capital region told WorldNetDaily that over 3,000 permits are issued each year for Washington, D.C., monuments.

Brown said a separate regulation enables police to issue a citation or make arrests if someone refuses to obey their orders, but he was unable to locate the regulation.

Statue of Liberty superintendent Diane Dyson did not respond to requests for an interview.


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David M. Bresnahan

David M. Bresnahan is an investigative journalist for WorldNetDaily.com Read more of David M. Bresnahan's articles here.