[henschman]

alright, we'll use pure common sense. First, you have to understand that this is the federal government in question. they are obviously the most constrained level of our government as to what activities they can lawfully carry out. First off, to create criminal liability there has to be a federal law that prohibits the activity in question. If you could show me one that applies here, I might be more inclined to think you make any sense whatsoever. But that doesn't end the matter... since this is the National Government, they are constrained by the Constitution of the United States. Most inconveniently, the 1st Amendment of said Constitution says that says the government shall make NO LAW abridging the freedom of speech, or the right of the people to peaceably assemble. To make matters worse, the 5th Amendment says that NO PERSON shall be deprived of life, liberty, or property without due process. But it doesn't end there... the national government is set up so that it cannot engage in any role outside of those which are expressly delegated to it in the Constitution. If you could show me something that allows them to police national monuments... or build national monuments at all... or... wait, wtf? you mean the government doesn't even have the authority to build a monument?

Maybe this is why the founders didn't have a problem with creating a national government that was so restricted by the constitution and the bill of rights (seemingly unreasonably so, given all the roles they play in our society today): The founders didn't consider it a problem to restrict the federal government from infringing on speech AT ALL, or on the right to bear arms AT ALL, or any number of other things, because they didn't give them the power to regulate in those areas AT ALL, except when they are secondarily involved in carrying out one of their few delegated powers.

Remember, the founders only intended the bill of rights to apply to the national government. the states were free to govern a lot more freely on matters, such as instituting REASONABLE restrictions on speech in order to promote public order. the feds were intended to be much more restricted.