Rules on free speech unveiled

Conduct of street preachers prompts the city's action

Published: Friday, Feb. 6, 2004 11:00 p.m. MST
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Using certain unsavory words in Salt Lake City's public spaces could get you arrested, after the city unveiled its new free speech guidelines Friday.

While the city has long had general rules supporting federal court rulings that certain language is not protected by the Constitution, the new guidelines offer police, preachers and protesters more specific rules to work with.

City Attorney Ed Rutan said police haven't seen the guidelines yet, but they will shortly. "We certainly will discuss this with the police department," he said.

Still, Rutan said he was unsure whether the guidelines would change the way police govern free speech on city streets.

"The intention of the guidelines is education," Rutan said. "The guidelines are not intended to change the way the police enforce the law."

Mayor Rocky Anderson ordered Rutan to review the city's ordinance pertaining to free speech after hearing reports that street preachers near headquarters of The Church of Jesus Christ of Latter-day Saints were calling women "whores" and "harlots."

The new guidelines note that some derogatory words are not protected speech and people who heckle preachers or others may also be in violation of the Constitution.

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The guides are on the city's Web site, www.slcgov.com. Protesters who apply for free expression activity permits will be given the guidelines. Additionally, Anderson will be recommending some minor changes to city ordinances governing free speech in the coming months.

Street preachers, Anderson said, "need to understand they need to tone it down. Some of the things they've done may constitute 'fighting words' under the Constitution." Fighting words, a law dictionary says, are "words intentionally directed toward another person which are so nasty and full of malice as to cause the hearer to suffer emotional distress or incite him/her to immediately retaliate physically."

The mayor said he hopes these preachers understand there are everyday rules of living that encompass common decency. "If they lived the Golden Rule, people may be more willing to hear them out," he said.

Three basic rules should govern activity near LDS Church headquarters, Anderson said. "Street preachers should understand the First Amendment doesn't provide absolute latitude for speech; it would be better if they acted more courteously and humanely toward everyone; and it is best for those who are offended to walk away understanding this is what comes of living in a country with free speech."

Democracy, Anderson said, "can be messy, especially when it comes to expressing opinions that arouse our emotions. Unfortunately, many people have misperceptions about what is and is not allowable under the Constitution."

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Jeffrey D. Allred, Deseret Morning News

AThe plza area near the LDS Temple has been the center of free-speech battles. City leaders say the new guidlines are intended to educate police, preachers and protesters and encourage courteous conduct.

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