High court dismisses charges in protest
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Michael Colby points at former National Intelligence Director John Negroponte during his address to the graduating class at St. Johnsbury Academy in St. Johnsbury in 2006. The Vermont Supreme Court says two political activists were acting within their free speech rights to protest during the speech. File / The Associated Press |
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By WILSON RING THE ASSOCIATED PRESS - Published: March 14, 2009
MONTPELIER — Two political activists were within their free speech rights when they briefly disrupted a 2006 graduation speech by a top Bush administration intelligence official, the Vermont Supreme Court ruled Friday.
The court dismissed charges of attempted disorderly conduct against Boots Wardinski of Newbury and Michael Colby of Worcester, who separately heckled John Negroponte, national intelligence chief at the time, during a speech at the St. Johnsbury Academy. Both were led out of the auditorium, and Negroponte continued his eight-minute speech.
“Negroponte’s speech was hardly stopped, and the speakers were quickly, and without resistance, removed from the location,” said the decision written by Justice Denise Johnson. “If we use the disorderly conduct statute to punish defendants by not requiring that the disturbance be substantial, we would be punishing them for speech in violation of the First Amendment.”
Negroponte’s son was among the academy graduates. The official’s speech did not touch on political topics.
Wardinski and Colby had tickets to the graduation ceremony. They and about 75 protesters outside were upset with Negroponte’s record in Iraq and his performance as U.S. ambassador to Honduras in the 1980s.
During the speech Wardinski stood and shouted that Negroponte “had blood on his hands.” He then urged other people at the graduation to walk out with him.
Before Wardinski’s comments, Colby also stood and shouted at Negroponte. The interruptions lasted less than 30 seconds.
The attorney for Wardinski and Colby, David Sleigh, said the case didn’t break new legal ground.
“In 99 out of 100 cases like this you would never see a prosecution,” Sleigh said Friday. “Most people have thick enough skin that that’s just part of our democratic discourse.”
Caledonia County Deputy State’s Attorney Kyle Sipples was out of the office Friday and could not be reached for comment.
Wardinski and Colby argued that the state’s disorderly conduct law didn’t apply because their actions didn’t substantially disrupt the event. The prosecution countered that the free speech rights of Wardinski and Colby had to be measured against the rights of others to hear the speech.
The court says Vermont law treats brief outbursts the same as speech that drowns out a speaker.
“If we were to apply this statute according to its terms, it would criminalize ‘heckling, interrupting, harsh questioning ... booing,’ and all manner of speech that has been tolerated pursuant to the rights accorded to the peoples of free societies,” the decision said.
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