Free-speech rules are revamped

Most free-speech activities will be allowed on Utah's Capitol complex under a significantly different version of a proposed rule governing free speech on the Hill.

The changes were unveiled Thursday at an afternoon hearing of the Capitol Preservation Board, whose initial version of the rule was widely decried as unfairly stifling First Amendment expression at the seat of state government.

"If anybody has a concern about whether free speech is alive and well — what you see today is great evidence of that, (and) should put those fears to rest," Utah Attorney General Mark Shurtleff said.

Officials revamped the rule following a nearly two-hour public hearing late last month, when speakers labeled the original version as anti-First Amendment and questioned whether it gave lobbyists special treatment over citizens.

"There was never any intent that one group or individual have more access regarding free-speech activities than any other group or individual," said David Hart, executive director of the Capitol Preservation Board.

"In general, all free speech and freedom of assembly may occur in all areas of the Capitol Hill complex," Hart said.

With the changes, the rule now allows outdoor free-speech activities 24 hours a day and indoor activities from 8 a.m. to 8 p.m., or as long as the building is open.

Leafleting is allowed in all public areas at all times, "provided that it is done in a nonaggressive manner and does not prevent other individuals from passing along sidewalks and through doorways."

The rule applies only to areas under the preservation board's jurisdiction, which does not include much of the temporary House building, where lawmakers actually convene. The Legislature has control over that area, but the board has said it will strongly encourage lawmakers to adopt a similar free-speech rule in their areas.

Creation of a free-speech rule was prompted by two lawsuits filed earlier this year by advocates for Utah's low-income citizens after the Utah Highway Patrol stopped them from handing out fliers to passers-by. The groups prevailed in each lawsuit, and much of the language in the new version of the rule comes directly from a federal judge's ruling in one case.

Advocates said Thursday that they were pleased they would once again be allowed to visit the Capitol wearing and passing out photos of rotting and decaying teeth, as they previously did to encourage lawmakers to support Medicaid funding for adult dental services.

"It looks like the things we did during the last session are now going to be allowed, so this is progress," said Bill Tibbetts with the Anti-Hunger Action Committee, one of the organizations that sued the state.

The board on Thursday voted unanimously to send the new version of the rule to the full Capitol Preservation Board for a vote on the changes. If approved, there will be a 30-day comment prior to the rule taking effect.

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E-mail: awelling@desnews.com