|
Post by allenpeek on Nov 14, 2007 3:12:06 GMT -5
On November 10th, 2007, a friend and myself was open air preaching in a public plaza area in the city of Pismo Beach Ca. We preached for an hour or so when an officer stopped me and told me there had been a complaint about the preaching. I usually record as I'm preaching so I was able to also record the brief discussion I had with the officer. Does a complaint by someone trump our 1st Amendment right to free speech? Here is a link to the audio file so you can hear what the officer told me. tinyurl.com/2gewur
|
|
|
Post by Jesse Morrell on Nov 14, 2007 13:21:20 GMT -5
Thanks for posting this Allen. And welcome to the boards!!
I've heard the "we've gotten some complaints and so you have to leave" line more times then I can count. But as you know, someone who doesn't like our speech does not have veto power of our amendment rights.
So I always ask, "what was the nature of the complaint?". It was just volume, turn it down. If it was blocking the side walk, move to a better area. But if it was content, they need to get over it.
Cantwell vs Connecticut, 310 U.S. 296 (1940) ruled that speech may not be prohibited merely because it offends some listeners.
Forsyth County vs The Nationalist Movement, 112 S Ct. 2395 (1992) ruled that a city may not consider the listeners reactions to a speaker when permitting free speech activities.
Cox vs Louisiana, 379 U.S. 536 (1965) ruled that hecklers may not be allowed to veto a speaker's right of free speech. Police must control a crowd rather than arrest the speaker in order to maintain order.
Just yesterday Kerrigan and I had an interesting encounter on the Fayetteville State University. I had a crowd and was preaching when a very effeminate man came over and said something. So I asked, "are you a homosexual?" But rather then answering the question, he flipped out and acted like he was going to attack me. The crowd restrained him, etc. It was a pretty heated moment.
An officer standing there turned to me and said, "YOU NEED TO LEAVE! NOW!" So I called Kerrigan over with the video camera and asked the officer what would happen if I didn't leave and then what law was I breaking? She said I was inciting a riot and that I would be arrested if I didn't leave right now.
I explained how inciting a rioting is when your purposely or intentionally trying to incite violence. That is not my intention or purpose and so I am not inciting a riot. If that man attacks me, he needs to be arrested. The police need to control the crowd and not arrest the preacher. If the crowd gets violent, they are breaking the law. But all we are doing is legally speaking.
She insisted that we needed to immediately leave or be arrested. So I asked her for her superior. So another man came over and took back what she had been saying. He affirmed that we were just using freedom of speech and that we were not inciting a riot and that we would not be arrested, but simply suggested that we don't ask people questions like that. So I told him I would take his suggestion. It is legal to ask people questions but maybe it's not always wise I said. And we kept preaching for the rest of the day.
So I've learned to ask these important questions:
1. What is the nature of the complain? Is it my volume, location, or message?
2. What happens if I don't leave?
3. Are you suggesting that I leave or commanding that I leave?
4. Can I see the policy in writing?
5. What law am I breaking?
6. Can I talk to your superior?
|
|
|
Post by allenpeek on Nov 14, 2007 14:22:37 GMT -5
Thanks brother, that's some good info. I want to read the cases that you've sighted. I wish I had had those questions for the officer. Next time...
I'll pass these questions on for other in our group. Thanks Jesse, I really appreciate the ministry our God has given you. Keep it up!
|
|
|
Post by Miles Lewis on Nov 14, 2007 22:06:21 GMT -5
Just keep asking questions, that is a good way to reason with police or anybody that is trying to shut you down.
|
|