Deputies get free-speech order

Salt Lake County sheriff's deputies who work as security guards at the Matheson Courthouse cannot restrict lawful free-speech material or activity unless they have a judge's order, according to an order issued by the sheriff.

The special order, signed June 17 by Salt Lake County Sheriff Aaron Kennard, went out to all Salt Lake County sheriff's staff members.

The action follows a lawsuit filed in May by a Salt Lake City attorney against several courthouse deputies, who reportedly confiscated a flier given to the attorney by supporters of the Kingston polygamist family.

Robert Breeze alleges he was given literature from members and supporters of polygamist John Daniel Kingston, who were outside protesting 3rd District Juvenile Judge Andrew Valdez during a series of high-profile custody hearings. After he placed the flier in his briefcase without reading it, officers manning the metal detectors told Breeze he could not enter the courthouse until he disposed of the literature. Breeze left the flier at the security area but later sued the deputies.

Breeze's attorney, Brian Barnard, said Friday's special order was in response to his plan to seek a preliminary injunction, asking a judge to compel the sheriff's office to remind deputies about First Amendment protections.

With the order in place, there is no need to seek an injunction, Barnard said. But he added the suit is alive and well. The suit seeks damages for past harm suffered and for attorney fees and court costs.

According to the suit, the decision to ban the literature was made by a lieutenant and captain with the Salt Lake County Sheriff's Office but was never placed in the form of a written policy, nor was the decision made as a result of a judge's order.

The day before the incident, Judge Valdez's son was arrested by deputies after arguing with protesters. Earlier confrontations between the Kingston family and others led a lieutenant to assume that such demonstrations and materials were not allowed.

Friday's special order from Kennard clarifies that sheriff's personnel will not restrict any speech-related activity inside a courthouse or on courthouse grounds, unless the activity "constitutes criminal conduct or a judge orders such restriction."

"Lawful speech-related materials in the courthouse will not be seized by sheriff's office personnel unless the materials could be used as a weapon," such as a stick attached to a sign, the order states.

Barnard said the order reminding deputies about free-speech rights should have been issued a long time ago.

Discussions of a settlement with the Salt Lake County District Attorney's Office have taken place, Barnard said.

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