Top-Rated Free Essay
Preview

The American Civil Liberties Union of Utah: Case Study on Freedom of Speech

Powerful Essays
1594 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The American Civil Liberties Union of Utah: Case Study on Freedom of Speech
Case Study #1
The American Civil Liberties Union of Utah, on behalf of the Main Street Church, has filed a complaint against Brigham City’s “Free Speech Zone” Ordinance. The suit claims that the city’s ordinance violates the rights granted to all U.S. citizens by both the state of Utah’s and the United State’s constitutions.

According to the ordinance, a city permit is required for essentially any type of expression in a public forum; this is inclusive of all city parks, streets and sidewalks. Additionally, civil and criminal penalties have been implemented within the ordinance for those that fail to comply with the city’s regulations. This issue has raised concern throughout the city because those unaware of the need of a city permit may be held accountable for actions believed to be protected by the First Amendment.

The Main Street Church planned on passing out religious pamphlets to the public during the Open House of the Brigham City Latter day Saints Temple. The religious-themed literature made comparisons between the beliefs of the Main Street Church and those of the LDS Temple. The church was banned from circulating their pamphlets on the two public sidewalks most trafficked by those going and coming from the LDS Temple. Additionally, the Main Street Church has also moved for a temporary restraining order to prohibit the city from further restriction of the church’s rights to assembly, free speech, and free exercise of religion in a traditional public forum.

The ACLU of Utah believes that the rights provided by the First Amendment are prohibited in Brigham City until the city provides a permit allowing an individual to implement these rights. However, the process of granting such a permit is at the discretion of the city’s police chief, attorney and administrator.

In the question of whether or not the city ordinance is unconstitutional, one must examine if prior restraint was used by city administrators based on the content of the message being shared in a traditional public forum.

In the case of Hague v. CIO, Justice Roberts wrote:
“Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens” 307 U.S. 496 (1939).
This definition of a traditional public forum still remains constant, and describes the environment in which the Main Street Church attempted to circulate religious-themed literature.

Brigham City administrators attempted to remain content-neutral while issuing permits for “Free Speech Zones”; meaning that the content of the message being shared has no bearing whatsoever as to whether or not a permit is granted to an organization. In the case of Simon and Schuster v. Crime Victims Board, it was found that the New York Son of Sam law, which prevented convicted criminals from profiting from books published about their crimes violated the First Amendment. It was found to be unconstitutional to censor an individual based on the content of their publication 502 U.S. 105 (1991).

If a publication or group of people are censored, or not given the right to free speech, there’s a possibility that a “gag law” of some sort may be in place. In Near v. Minnesota, Jay Near published a scandal sheet that attacked local officials associated with gangsters. The publication was considered a nuisance and anyone affiliated with the publication or circulation of the periodical could be prevented from further maintaining or committing the said nuisance. However, the Court held that the statutory scheme constituted a prior restraint, and consequently was invalid under the First Amendment 283 U.S. 697 (1931).

In Saig v. City of Dearborn a group of Christians was banned from circulating religious-themed literature on the sidewalks directly adjacent to an Arab International Festival. It was found that the defendants violated Saieg’s First Amendment right to freedom of speech since the leafleting restriction was not a reasonable time, place, and manner restriction. The case of Lovell v. City of Griffin disassembled a permit system that applied to the distribution of circulars, handbills or literature of any kind. The ruling established that circulated literature of any kind is necessarily embraced by the First Amendment 303 U.S. 444 (1938).

The time, place, and manner in which and individual or organization expresses their First Amendment rights plays a key role in whether or not an organization is granted a permit. For example, a city will not issue a permit to protest through a residential neighborhood at 10 PM on a Tuesday evening because many residents may be sleeping. In Thomas v. Chicago Park District, The Windy City Hemp Development Board applied for several permits to hold rallies advocating the legalization of marijuana; although some were approved, others were denied. The Board filed suit on the basis that it’s First Amendment rights were being violated. However, the Court reached the conclusion that the failure of the Chicago Park District to issue a permit was not based on subject-matter censorship, but rather content-neutral time, place, and manner regulation of the use of a public forum; making the ordinance constitutional 534 U.S. 316 (2002).

It can be established that the area in which the Main Street Church wished to circulate their religious--themed literature is a traditional public forum according to Justice Roberts’ definition. Accordingly, the rights provided by the First Amendment to the U.S. Constitution allow the religious group to do so. But Brigham City maintains that a “Free Speech Zone” must first be established, which may lead one to believe that the city does not condone of free speech without a city permit.

The Main Street Church attempted to apply for a permit to establish such a zone, but was informed that they would not be allowed to circulate religious materials on the two most trafficked blocks of the LDS Temple. Although Brigham City officials failed to state the reasoning for the ban from these two sidewalks, the Main Street Church was compelled to file for a temporary restraining order to prevent further restrictions from the city. Consequently, this action raises questions in regards to whether the content of the message being communicated played a role in the ban from the city’s sidewalks.

In the case of Simon and Schuster v. Crime Victims Board it had been determined that First Amendment rights cannot be suspended based upon the content of the message being shared. Therefore, city administrators cannot limit the areas in which members of the Main Street Church passed out their pamphlets because their views differ with those of the LDS Temple.

Failing to allow individuals to circulate these religious materials may also be considered prior restraint: government prohibition of speech prior to publication or active audience. This was seen in Near v. Minnesota in which it was deemed unconstitutional for a government entity to restrict the publication of a local periodical. The same rules can be applied to this Brigham City case. The city cannot regulate the message communicated to the public because that in itself would be yet another form of censorship and infringe on an individual’s First Amendment rights.

The case of Saig v. City of Dearborn closely resembles the suit filed by the ACLU of Utah. Once again a religious group was not allowed to pass out pamphlets in specific areas regarding different perspectives on religion in a traditional public forum. Instead, they were permitted to circulate materials in regions not associated with the Arab International Festival. The court ruled that limiting the areas upon which individuals can implement their First Amendment rights is unconstitutional.

The circulated literature ,itself, was also found to be protected by the First Amendment in the course of Lovell v. City of Griffin. Once again, any decision made by Brigham City officials based solely on the message in the pamphlets would be unconstitutional.

Time, place, and manner restrictions don’t necessarily provide the city with a concrete reason to ban members of the Main Street Church from the two busy sidewalks. In a press release Jim Catlin, Pastor of the Main Street Church addressed the issue.
“If Main Street Church were to access those sidewalks during the Open House, we would not impede the flow of pedestrian traffic, nor would we attempt to force anyone to take any of our literature…Main Street Church vehemently opposes the hate speech and perverse actions that some groups have used to badger, mistreat and disrespect the Mormon people. However, we do believe we have the right to express our beliefs to the public on public sidewalks.”
Therefore, if the time, place, and manner in which pamphlets will be provided to the general public cause no issues, the city cannot deny the Main Street Church a permit on the basis of these grounds.

In conclusion, the Brigham City Ordinance regarding “Free Speech Zones” is unconstitutional. Not only does it attempt to control the reach of an organizations message through prior restraint and the content of the message. But more importantly it leads one to assume that no free speech whatsoever is permitted within the limits of Brigham City without the approval city officials. Additionally, these officials failed to provide an explanation as to why the Main Street Church failed to receive a permit to respectfully share their beliefs at the appropriate time, place and manner.

You May Also Find These Documents Helpful

  • Powerful Essays

    References: Unknown Author (2008) “The First Amendment Center” About the First Amendment Retrieved on March 1st, 2008 from http://www.firstamendmentcenter.org/about.aspx?item=about_firstamd…

    • 1858 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Van Orden v. Perry

    • 338 Words
    • 2 Pages

    This case raised issue on whether placing a religious monument on state property violated the Establishment Clause of the First Amendment. The Lemon Test, established in precedent Lemon V. Kurtzman, concluded that to survive an Establishment Clause challenge a policy 1) must have a secular purpose; 2) must have a principal or primary effect that doesn’t advance or inhibit religion; and 3) must not foster excessive government entanglement with religion” (Blazing).…

    • 338 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The First Amendment states that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and petition the government for a redress of grievances.”(Beattie-Moss) Many people use this…

    • 620 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Threatening the First Amendment, private Catholic adoption and foster services in Boston, San Francisco, the District of Columbia, and the State of Illinois have been put out of business, “by revoking their licenses, by ending their government contracts, or both, because those charities refused to place children with same-sex couples or unmarried opposite-sex couples who cohabit.” (usccb). The government needs to protect the rights of private businesses to express their religious views. The First Amendment prohibits the from government to shuting down private businesses because of religious…

    • 652 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Facts: In Santa Fe, Texas, students were elected by their classmates to give pre-game prayers at high school football games over the loud speaker that were mainly Christian. A Catholic and a Mormon family felt this was a violation of the Establishment Clause of the First Amendment of the Constitution. The school district has always done pre-game invocations before each game however while the case was pending the school district changed their policy, still permitting student led prayer but not requiring them as they were before. The District Court ordered that only nonsectarian and nonproselytizing prayers could be…

    • 457 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    GOVERNEMNT

    • 410 Words
    • 2 Pages

    It is important that a state does not violate a citizen’s rights to expression and speech. The first amendment protects those rights. This decision will influence future laws by encouraging the states to avoid making laws that are unconstitutional.…

    • 410 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Govt 220

    • 969 Words
    • 4 Pages

    religious beliefs. The First Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The question that was before the Court was whether or not the New York Board of Regents violated the religious freedom of students by requiring time during the day for this particular prayer. Another question before the Court was…

    • 969 Words
    • 4 Pages
    Good Essays
  • Better Essays

    According to the First Amendment of the United States Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Consequently, citizens from different occupations often file legal challenges for court adjudication on perceived injustice. This paper focuses on numerous momentous cases related to three of the provisions of the First Amendment, namely freedom of speech, press, and religion. The cases as enumerated shortly represent such examples, in which citizens challenge social norms and seek for Supreme Court hearing or interpretation. In addition, the paper evaluates the rights and responsibilities that the Constitution gives American citizens.…

    • 1615 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The First Amendment of the United States Constitution protects the right to freedom of expression and freedom of religion from government intrusion (“First Amendment”). The freedom of expression consists the…

    • 670 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Alfred Smith and Galen Black were fired from a drug and alcohol treatment agency where they worked as counselors for admitting they used peyote, which is an illegal drug, for the use of “religious ceremonies.” The use of illegal drugs violates the agencies policy and according to the agency, were grounds for “immediate termination from employment.” Smith and Black were denied from unemployment benefits so they decide to sue. After winning in Oregon Supreme Court, the State appealed to the U.S. Supreme Court where it was sent back down for judge clarification. After being reaffirmed, the State appealed a second time to the U.S. Supreme Court. The Free Exercise Clause of the First Amendment provides that Congress can pass no law establishing or prohibiting a religion.…

    • 346 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The First Amendment of the Constitution of the United States gives every individual the same rights. One right is the constitutional protection for the free exercise of religion. The second right is prohibition of the establishment of religion by the state. The founders of the constitution recognized the freedom of religion as an important factor in establishing a democracy. They also recognized a space of freedom between the government and the people, whereby the government could not force an individual or group to do something they did not want to do. The government is not upholding their part of the constitution. They are trying to tell people that saying prayer in public school is unconstitutional.…

    • 1513 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    “Most Americans would be surprised to learn just how little protection the First Amendment provides for religious-freedom claims under current law,” he said. “The school district should hold its ground. I believe the courts will see the absurdity in…

    • 443 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Homelessness in America

    • 4718 Words
    • 19 Pages

    ordinances to control the actions and behavior on the street. However when ordinances are enacted the analysis as Amster concludes, cities enact the ordinances to promote public safety pedestrians congestion and public health. The consequences of the ordinances on the homeless however are it self a violation of the public safety and respect to…

    • 4718 Words
    • 19 Pages
    Powerful Essays
  • Good Essays

    The first takeaway from business law is the limitation of freedom of speech. Although, the first amendment states that “congress should make no law … abridging the freedom of speech”, people have limitation on when and where they can exercise their freedom of speech because they can face consequences. Freedom of speech can violate the first amendment if a politician uses it to promote lawless conduct. A company promoting false information can also be outlawed. Additionally, freedom of speech is not just words it can be symbols and actions. Another concept I learned during the course was intellectual property. Although it is not tangible, it is strictly protected in the United States. Intellectual property consists of four categories patents,…

    • 353 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the…

    • 2765 Words
    • 12 Pages
    Powerful Essays