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Fracking opponents and the opposite of peaceable assembly

Original article can be found at 听
Originally published on June 17, 2016 By Patty Limerick听

Let鈥檚 say that you have gone to hear Gov. John Hickenlooper talk about his recently published autobiography, 鈥淭he Opposite of Woe.鈥澨

And then woe suddenly becomes your own destiny, and all you can hear are angry people shouting about their opposition to hydraulic fracturing.听

You forgot to bring your copy of the Bill of Rights, so you cannot get your bearings by reviewing the relevant parts of the First Amendment: Congress can make no laws 鈥渁bridging the freedom of speech鈥 or interfering with 鈥渢he right of the people peaceably to assemble, and to petition the Government for a redress of grievances.鈥澨

And yet, as it happens, no members of Congress are on hand. Instead, you are stuck with the question: 鈥淲hat am I to do about the debacle in American civic order taking place around me?鈥澨

Welcome to my world at 7:32 p.m. on the evening of June 8.听

Expecting a crowd, the Boulder Bookstore had arranged to hold the governor鈥檚 presentation in the sanctuary of the First Congregational Church.听

Bookstore employees, we soon learned, are accustomed to dealing with audiences of considerate book-lovers who adopt respectful silence at the sight of the speaker.听

The topic of hydraulic fracturing has a way of rattling such expectations.听

In less than a minute, when it was clear that the evening鈥檚 official hosts were immobilized, I appointed myself as moderator. While I have presided over many controversial programs at the Center of the American West, this was not the Center鈥檚 event; I held no role beyond 鈥渕ember of the audience.鈥澨

Stepping forward as a volunteer moderator was an eccentric choice: the people shouting had no interest in being moderated. Moreover, the people who were not shouting were becoming increasingly immoderate in their desire to have the other people stop shouting.听

Exercising my tiny shred of authority (earned by my clever move of grabbing the microphone before the protesters thought to do so), I rearranged the sequence of the evening, sending the governor off to the book-signing table and declaring that I would figure out a plan to permit him to give his talk.听

Then I tried various experiments.听

Would the protesters agree to a plan by which the governor would speak, and the evening would conclude with the protesters explaining their opposition to his stance on hydraulic fracturing?听

The answer: 鈥淣O.鈥澨

A woman in the audience suggested that people should stand up, turn toward one particularly audible protester, and ask him to keep quiet or to leave. Nearly everyone stood and made this request.听

鈥淣O.鈥澨

Taking inspiration from our setting, I asked the group to sing 鈥淎mazing Grace.鈥 Blessedly, no one shouted 鈥淣O,鈥 but grace could not save us from our stalemate.听

And then, after an hour of futile effort, the host institution finally agreed to call the police, the protesters decamped, and the governor spoke.听

I believe that people opposed to hydraulic fracturing have the right to be heard and 鈥渢o petition the Government for a redress of grievances,鈥 though I hold an unshakable preference for 鈥減eaceably assembling鈥 as an alternative to 鈥渞udely, vexingly and ear-shatteringly assembling.鈥澨

And I believe that the exercise of that right of expression is compatible 鈥 in fact, must be compatible 鈥 with the right of citizens to hear their state鈥檚 elected leader.听

Patty Limerick is Colorado鈥檚 state historian and faculty director and chair of the Center of the American West at the University of Colorado.听