Free Speech-"Private Action" Question Forum

[I.P. Daly]

I understand that the First Amendment basically only applies to government actors.

However, if hecklers are forcefully removed by private citizens from a private venue where an elected official is giving a public speech, do the hecklers have any recourse under the First Amendment? Would they even have a legitimate tort CoA such as battery?

Variation:
What if the hecklers are forcefully removed by the Secrete Service, from a private venue, where the president is giving a public speech?

I'm simply trying to figure this out for my own edification, and I'm not seeking legal advice (there's no case in controversy, I'm not a heckler, etc.).

[Samara]

The Secrete Service? Ew. I don't want to hazard a guess as to what they do.

[I.P. Daly]

The Secrete Service? Ew. I don't want to hazard a guess as to what they do.

[kalvano]

1) Not really. The venue may be public, but the actors were private, not state.

2) That's a weird gray zone. They have 1A rights, but the Secret Service has broad discretion when it comes to the President.

[Always Credited]

Guessing since I haven't really started studying, but probably depends on what the hecklers said - was it protected speech or not?

If protected speech, then you know the drill.
If not protected speech, then maybe 1st Am. violation but, as Kalvano said, chances are there wouldn't be a good COA because its the SS.

[bns_77]

In a private establishment, you can be told to GTFO for any reason that isn't discriminatory under Title VII or some state or local ordinance.

[The Duck]

We had a secret service agent come talk about this...I forget some of the details...but when a protectee (like the President) appears in public the forum is temporarily designated as a special kind of federal exclusion area. That brings offenses within it under federal law and removes anyone's private right to be there, including the property owners. This is why for example, they can compel you to go through security screening prior to entering.

Because it is effectively no longer public at that point (even if it was before), and you don't have a permit to demonstrate on federal property, you can be removed by the secret service at will. It's the same as if you attempted to demonstrate in the Capital building or the White House itself. Also, from a practical standpoint good luck getting any court to entertain this kind of CoA.

[I.P. Daly]

Ah, that makes sense. I imagine the POTUS probably would not be able to give many public speeches if he did not have special protections.

[Always Credited]

derp, missed the private venue caveat. herp. B- inc.