Posted by Eugene Volokh:
Permit Needed to Have One-Man Protest in Front of a Store?
http://volokh.com/archives/archive_2006_11_12-2006_11_18.shtml#1163531174
The [1]AP reports:
Edwin Crayton was chased away by a Natchitoches police officer from
the front of [a] Wal-Mart store in early October when he tried to
protest what he believes is the company's stand on gays, according
to the ACLU, which filed a lawsuit on his behalf.
The ACLU said the police officer told Crayton that he needed a
permit to protest ....
When Crayton protested he held a sign that read, "Christians:
Wal-Mart Supports Gay Lifestyles And Marriage. Don't Shop There."
...
After the ACLU sued, the parties agreed to suspend the ordinances as
to the plaintiff until a final hearing on the permanent injunction,
and the court implemented that through a court order.
The ordinances involved require permits (for which $10 is charged) for
"[a]ll public gatherings" and all "open air public meeting[s]"; while
such ordinances would be constitutional when the meeting or gathering
is large enough, I doubt that they'd be constitutional for small
demonstrations, especially given that sometimes such demonstrations
quickly react to recent events. I've read several circuit cases that
have in fact held that such ordinances are impermissible unless they
exempt small groups (though the required cutoff is not entirely
settled). And it's hard to see why such an ordinance would be
constitutional as to solo demonstrators, even if it on its face
purports to apply to such demonstrators (something that's not clear,
since one person holding a sign is literally hard to call a
"gathering[]" or a "meeting").
Thanks to Allen Asch, author of the [2]ACLU Fights for Christians Web
page; and thanks to the ACLU of Louisiana for taking the case.
References
1.
http://www.nola.com/newsflash/louisiana/index.ssf?/base/news-28/116346474639730.xml&storylist=louisiana
2. http://www.aclufightsforchristians.com/
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