Panel OKs rule for free speech at Utah Capitol

The public will be allowed to distribute leaflets and participate in other free-speech activities in both buildings at the state Capitol, under a free-speech rule adopted by a legislative panel.

The rule is nearly identical to one adopted last month by the Capitol Preservation Board, which has jurisdiction over those areas not governed by the Legislature.

The board's original incarnation of the rules prompted a huge public outcry after they appeared to stifle free speech and favor lobbyists over citizen advocates. After significant changes, the rule now allows free-speech activity, particularly leafleting, nearly everywhere on the Hill.

Senate President John Valentine, R-Orem, praised the final version of the board's rule, which provided the baseline for the rule unanimously adopted Tuesday by the Legislative Management Committee.

"This does a better balancing of the free-speech First-Amendment rights and the ability to actually conduct the business of the state," Valentine said.

The rule adopted allows free-speech activities in all public areas of the House building, which is under the jurisdiction of the Legislature. Public areas are defined in the rule as all hallways and foyers open to the public. They do not include legislative chambers or viewing areas, committee rooms, office space or parking areas.

The rule also allows public demonstrations in the foyer of the House building, or the West building of the temporary Capitol complex. The governor and other executive offices are housed in the East building, which is governed by the Capitol Preservation Board.

Creation of the free-speech rules was prompted by two lawsuits filed earlier this year by advocates for Utah's low-income residents, after the Utah Highway Patrol stopped the advocates 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.

Bill Tibbetts of the Anti-Hunger Action Committee, one of the organizations that sued the state, said he was pleased to see that lawmakers recognized the need for clear free-speech policies at the Capitol. Having the two bodies adopt similar rules will help clear up confusion during the 2007 legislative session.

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