This is going on in Minnesota right now, courtesy of Governer Tim Pawlenty (R).
Hey, I get it. This is great. If legislation like this becomes the norm, only rich people will be able to afford to assemble in public places and/or perform acts of civil disobedience.
Pawlenty wants antiwar protesters to pay arrest costs
By Patricia Lopez and Sarah T. Williams for the Star Tribune.

With protests against the war continuing and arrests of demonstrators mounting, Gov. Tim Pawlenty said Thursday that he wants those arrested to pay the law-enforcement costs they incur or face prosecution.
Press secretary Leslie Kupchella said that “effective immediately,” Pawlenty wants judges to begin ordering restitution for the costs of arrest. While he does not have the authority to require judges to do so, he is considering proposing legislation that would require such restitution.
Kupchella said Pawlenty recognizes that charges against protesters typically are dismissed. “He would like that dismissal contingent on restitution,” she said. “And he would like to see it happen effective immediately.”
Kupchella said the administration has not determined the extent to which protesters should be charged — whether, for instance, fees would cover the officer’s time and the cost of booking and possible prosecution. However, she said, Pawlenty would like to keep the costs “nominal,” perhaps $200.
“He thinks that is perfectly reasonable,” Kupchella said. “The governor recognizes the rights of people to protest lawfully and have their own opinions. But when they go beyond that and break the law, they should pay the cost.”
Kupchella said Pawlenty has found the diversion of law enforcers to protests “very frustrating.”
Some members of the legal community expressed skepticism about the proposal’s constitutionality, and one recent protester called it an infringement on free speech.
Karen Redleaf, a St. Paul war protester who was arrested twice this week at antiwar demonstrations, called Pawlenty’s proposal “really shocking and distressing.”
Redleaf, 39, a former stock analyst, said such a move would limit constitutionally protected free speech to those who could afford the price of arrest and prosecution.
“We do this to get news coverage for our views,” she said. “They’re not charging rapists for the costs of arresting and prosecuting them. We’re not hurting anyone. We’re just trying to make statements that need to be made.”
Retired Hennepin County District Judge J. Bruce Hartigan was dubious about the idea.
“Lots of luck,” he said. “It’s never going to stand the test of appeal. . . . You’re talking about the delicate balance between the First Amendment and governmental power. Chances are [such a fine] would be looked at as an improper infringement on the right to free speech and the right to assemble.”
Hartigan, who retired last year after 14 years on the bench and who said he has represented and sentenced dozens of protesters, said the plan also could backfire.
“Let’s say I’m a protester. I get together with a bunch of protesters and we go out and get arrested. We get in front of a judge. The judge orders restitution. We say no. We don’t pay it. We’ll all just go to jail and spend more of the governor’s money.”
Charles Samuelson, executive director of the Minnesota Civil Liberties Union, also had constitutional concerns.

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