Shortly after their banner went up it was removed by local cops, who left the U.S. flag and second banner in place. The cops said that they were enforcing a California Department of Transportation (Caltrans) policy banning "unauthorized" signs along freeway overpasses.

"We felt that our rights were violated, so a month later we put the banner back up, along with another one that read 'Are You Buying This War?'" Courtney said. The banners were again removed by Caltrans, while the U.S. flags remained.

Courtney and Brown filed suit against Caltrans, arguing that the policy was discriminatory and violated their First Amendment rights. Caltrans had insisted that their action was dictated by "safety concerns," not political content. On January 30 U.S. District Judge Ronald Whyte issued a preliminary injunction against the state agency, writing that the Caltrans policy "is not viewpoint neutral" and is unconstitutional.

Caltrans officials reacted by saying that they would bar all banners, signs, and flags from overpasses. Courtney disagreed with this approach in an interview in the San Jose Mercury News. "It would be an unfortunate outcome if Caltrans decided to deal with this order by saying 'No flags, no nothing,'" she said. "Hopefully, their new policy will allow for open and robust discussion. It's become more than our banner--at this stage, we want to be defending the First Amendment."

The Caltrans lawsuit has sparked a back and forth discussion in area newspapers. The Sacramento Bee editorialized in favor of the judge's decision, writing, "Ever may it wave--but not over the freeway." The San Jose Mercury News has printed a number of letters to the editor, both for and against the decision. One woman wrote, "The banners...encourage us to consider the consequences of the course our government has chosen to take in the war on terrorism."

In a statement issued in support of the case of Italie, Courtney and Brown explained, "We are the true defenders of democracy, those of us who defend a worker's right to a political ideology both on and off the job. We will not be silenced and we are infinitely grateful to learn that you will not be silenced either."
 
 
Related articles:
Bay Area unionists hit firing of socialist worker
'The right to speak your mind is the most basic right'
Colorado coal miners back workers' rights fight
 
 
 
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