From Deseret News archives:
Rules on free speech unveiled
Conduct of street preachers prompts the city's action
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.
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."
The guidelines are designed to help people understand the legal limits of city government in regulating what many might see as distasteful speech, Anderson said. "Likewise, these guidelines will help those who want to express their opinions understand that freedom of expression is not absolute. Some activities simply cannot be allowed.
"I would hope street preachers get to the Sermon on the Mount and the Golden Rule."
At least one street preacher, Lonnie Pursifull, maintains his preaching is not "fighting words" because it plays a role in the expression of his message, which is something courts examine when determining if speech is permissible.
E-mail: lweist@desnews.com
