No 1st Amendment expression in the Jefferson Memorial? Yeah that makes as much sense as only allowing blind people inside the Hirschorn, because people with eyesight might gasp at the beauty of a painting and "disrupt the tranquility"...
Interesting is the original case that issued the ruling that spawned this most recent protest was brought by Alan Gura. I guess the Courts have gotten a little tired of Mr. Gura and his massive string of 2A Wins, an decided to put one in the "loss" column for him, for the 1A instead. Yeah, that will show him...
What is DOES show is that the Courts and the US DOJ has utter disregard for the fundamental tenets of our Constitution, and for the memory of the Founding Fathers. To assert that Thomas Jefferson's memory is somehow sullied by "demonstrations" is such a sick, twisted interpretation of the law that it defies logic.
The Courts have shown their hand--they are not interested in upholding the Constitution, or Constitutionally-protected 1A actions, and they have shown that they are perfectly willing to give exemptions to Federal "property" for such acts--thereby making Federal Property a "1A-Free Zone", much like they have upheld the 2A-Free Zone in DC for decades--even AFTER the Heller Decision established it was unlawful.
There is a term for governments that, despite knowing the Law ad being sworn to uphold the Law, continue to uphold and support actions outside the Law by it's agents and officers. That word is "lawless"...
If DC wants to "go green" they might consider hooking up a few generators to Jefferson's grave--I'm sure the RPMs being generated there could power the entire District...
I'm wondering how long it is going to take a resourceful group of 1A activists to challenge this again. I'm thinking a "tour group" of people wearing bright yellow Gadsdon Flag t-shirts filing in to the Jefferson Memorial, and standing silently along the inside perimeter in front of all the columns--that would make a statement, and would not be "disruptive" in any way, and would certainly maintain the "decorum an contemplative nature" of the memorial.
May 28 2011 should remembered by all Good People as the day when it was officially established by the US DOJ and the Park Service that our government has, in fact, openly declared war on Freedom...
After all, to quote the movie "V for Vendetta":
"A revolution without dancing is a revolution not worth having! "