Couple arrested for handing out `End the Fed' fliers

On May 18, activist Mark Passio and his wife, Barb Marinelli, were arrested and handcuffed for distributing "End the Fed" literature near Independence Hall in Philadelphia, Penn. by federal park rangers. The shocking incident was caught on video.

According to Passio's description of events, "I was walking with my wife Barb in Philadelphia from Market Street to Chestnut Street between 5th and 6th Streets, and handed out a few fliers about how the Federal Reserve Bank is de-valuing our nation's currency to people standing in the line at the Liberty Bell location - something I have done almost 20 times in the past. I briefly spoke to a couple of them who asked me for more information."

But then they were stopped by park rangers: "We then proceeded to continue to walk to Chestnut Street when we were stopped by two Park Police who said that I could not hand out fliers without a permit (I had already finished handing them out actually; I had a few left in my hand, and was in the process of leaving the area). They began citing some obscure federal regulation that I had never heard of."

After explaining his rights to the ranger to hand out literature protected by the First Amendment, Passio explained, "I then proceeded to attempt to walk away toward Fifth Street on Chestnut Street, when these Park Police told me that I was not free to walk away from them, even though I had long since finished handing anyone any fliers and had done absolutely nothing to harm anyone or violate anyone else's rights."

Now, to the law, First Amendment jurisprudence does allow government rules to allot certain time and place restrictions for where public assemblies, leafleting and the like may take place.

Further, federal regulations require that public parks allot certain areas for use of public assembly, demonstrations, leafleting, etc.: "Demonstrations are allowed within park areas designated as available" by the park superintendent "on a map, which must be available in the office of the superintendent and by public notice under 1.7 of this chapter, the locations designated as available for demonstrations and the sale or distribution of printed matter."

Per the regulation, the park superintendent does indeed provide such a map, and sure enough, it turns out Passio and his wife were actually within one of the designated areas where assembly and distribution of materials was permitted according to Independence Hall's 2013 compendium: "The following park areas are designated as areas for public assemblies [include the] first block of Independence Mall: bounded north by Market St., east by 5th St., and south by Chestnut St. and west by 6th St."

Exactly where Passio writes he was walking.

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