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.
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."
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