First Amendment Free Zone?

Thomas Jefferson, one of the firmest proponents of the First Amendment amongst the founding fathers, has a wee memorial in Washington, D.C. This memorial is of some public note.

From what I know of Adam Kokesh, I doubt I'd much like the man. I think it a fair bet that I'd disagree with him roughly as often as he opened his bone-headed yap. That said, our freedom of speech (and the implied freedom of expression) is about as safe as that of those whose speech we disagree with most emphatically.

Kokesh, in a rather silly "flash mob" dance event celebrating freedom of expression got himself an ass-kicking and an arrest for daring to exercise his freedom of speech/expression in the wee hours of the morning.

After being body-slammed and ass-kicked for violation of the rather troubling CFR 36.1.7.96(g), (g) Demonstrations and special events(1) Definitions. (i) The term demonstrations includes demonstrations, picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct which involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. This term does not include casual park use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers.

The cited bit seems a bit...in conflict with the notion of the First Amendment (what location could possibly be more public than the Jefferson Memorial in the middle of the nations most prominent park?), and certainly in conflict with everything Jefferson stood for.

See the video. Make up your own mind. And yes, Kokesh is a dork, but better we fight the battle for a dorks rights than our own.