Jim Leighty and Pui-Yan Lam: Freedom of speech is the American dream

We are disappointed at Judge Rebecca Pennell’s April 14 denial of the motion to dismiss the charges against Justice Forral, Bajun Mavalwalla II and Jac Archer, three out of the nine June 11 protesters hit with federal conspiracy charges.

We believe that Justice, Bajun and Jac are not only courageous, but their decision to go to court instead of accepting a plea bargain for their federal charges is patriotic. The outcomes of their cases, including the court’s ruling, have implications for all of us in Spokane and in the United States. They are not just fighting for themselves; they are fighting for all of us.

As Judge Pennell acknowledged, federal trials are scary. But besides scary, to defend one’s First Amendment rights in a federal trial is also financially, emotionally and professionally costly.

It is not surprising or unreasonable for six of the Spokane 9 to take a plea bargain. First Amendment rights should not be only for the extraordinary courageous or those financially equipped to fight at a federal trial.

With the escalated threat of federal charges, whether it was the judge’s intention or not, her rejection of the motion to dismiss the charges could have a dampening effect on the average person’s decision to exercise their First Amendment rights. But if we don’t speak up now, however intimidating it can be, it would be even more difficult to speak up later when we lose more of our rights. Together we will be brave.

Defending our constitutional rights, which includes our freedom of speech and right to assemble, is what our military service members swore an oath to do when they enlisted. It is one of the most pro-American acts, and it should be something we can agree on regardless of one’s political affiliation. It’s not a coincidence that Bajun, one of the three remaining on trial, and Jim, one of the authors of this column, are both U.S. military veterans.

People who are apolitical and have never attended a protest may not think about the encroachment of First Amendment rights – but people often become politically active after an injustice happened to their loved ones.

Jim’s story of becoming a police accountability activist started after the police killing of his close friend Craig Johnson in 2017. Despite the evidence he collected showing that the use of force was unjustified, Jim could not get the prosecutors to charge the sheriff deputies. He resorted to posting the information on the Sheriff Office’s official Facebook page, but his comments were taken down. He took the Bonner County Sheriff’s Office to the federal court for this and won. Later, he had to do the same thing again with the Spokane County Sheriff’s Office. From there, he has become a regular organizer of protests, especially on police accountability issues. This is when First Amendment rights become personal and immediate.

The other author of this column, Pui-Yan, knows what it means to lose the freedom of speech and assembly as an immigrant from Hong Kong with Beijing’s imposition of the National Security Law there in 2020. Members of Congress, including many Republicans, have spoken out in support of people outside of the United States for their freedom of speech and rights to protest. Many Hong Kong people feel grateful toward Sens. Marco Rubio and Ted Cruz, who were strong supporters of pro-democratic protesters in Hong Kong in 2019 and before.

The American dream is not just about attaining wealth. For many immigrants and refugees, freedom of speech and freedom to assemble is the American dream they pursue. Immigrants and refugees know from personal experience when those freedoms are taken away from us.

We, an Army veteran and a naturalized citizen from Hong Kong, are exercising our civic duties in writing this column. People in our military have risked their lives to defend the U.S. Constitution, which includes the fundamental human rights of freedom of expression and freedom to assemble, domestically and abroad.

We speak up, not just because we personally know Justice and Jac. It is because if we keep silent when these rights are taken away for some, we are putting these rights at risk for all.

We urge our neighbors in the Spokane area, regardless of where you are on the political spectrum, and whether you consider yourself politically active or not, to join us in defending our First Amendment rights.

Jim Leighty is founder and executive Director of Citizen Nine26 and an Eastern Washington representative of Washington Coalition for Police Accountability. Pui-Yan Lam is a steering committee member of the Peace and Justice League of Spokane. They both live in Spokane.