How many people can protest on that corner?

Last summer during the Alaska State Fair we received a tip about a Palmer man who arrived at the annual event with a large political sign.

People were appalled when, after the man was asked to leave and did not, fair security staff wrestled him to the ground and arrested him for fourth-degree assault, disorderly conduct and trespassing.

For months after our story ran Aug. 27, 2010, we received emails from across the country defending this man’s First Amendment rights to free speech and vilifying the state fair and its security team for this arrest.

We stopped short of drafting a form letter response that explained the state fair is an event that occurs on private property.

And as such, the First Amendment doesn’t apply.

But how can that be?

Here is the First Amendment to the U.S. Constitution:

“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.”

These 45 words are what we mean when we cite rights like free speech, the right to peaceably assemble or separation of church and state.

The keyword here is “Congress.”

Ever been kicked out of a bar?

That’s because a private business — for profit or not-for-profit — can limit your free speech rights and your right to be on its property.

The First Amendment does not guarantee that a person on private property has the same constitutionally established rights as on public property.

A private organization — like the Alaska State Fair or Wal-Mart — can establish limits on speech and conduct, such as, “No shirt. No shoes. No service.”

The story of the Palmer man continues. Most days you can see him — and hear him — at the corner of the Palmer-Wasilla and Glenn highways.

Police say they have ticketed and charged him but most of their efforts have gone nowhere in court. And so he persists.

He’s in the highway right-of-way where state law specifically prohibits such things as signs for political campaigns or memorials to motorists who died. A call to the right-of-way compliance department within the Department of Transportation confirms this prohibition.

They say they know the man is there. But don’t want to pursue the issue because it will give him attention; they say that’s what he’s after.

Even so, we wonder why the Palmer District Attorney’s office dropped the charges of fourth-degree assault, disorderly conduct and trespassing forwarded to them after that incident last August?

We understand the district attorney may not be eager to answer a tsunami of emails that need explanation of the limits of the First Amendment’s protections.

But how many people can stand at this corner and protest? Right now the established number is one.

However, what if three or 333 people turned out with signs and demanded to express their free speech rights shoulder to shoulder with the present protestor?

What’s the magic number of people who can safely exercise their free speech rights at this busy intersection?

Unless this corner can accommodate every person — and their vehicle —who wishes to protest there, we expect law enforcement to remove signs and other obstructions placed in the state’s right-of-way.

Further the city of Palmer should designate an alternate protest area with enough space for groups of various sizes to assemble and peacefully protest.