Speaking Freely

Trey Smith

The American Civil Liberties Union has sued a Utah city in federal court over a "free-speech zone" ordinance, saying the Orwellian-named measure unconstitutionally requires a permit for almost any form of public expression.

The lawsuit was filed against Brigham City on Tuesday on behalf of the Main Street Church, a non-denominational faith barred under the municipal statute from distributing pamphlets on some sidewalks near a new Mormon temple in town.

Brigham City, a predominantly Mormon town of about 18,000 people, is about 60 miles north of Salt Lake City, the state capital.

The ordinance in question requires any individual or group wishing to stage a demonstration, hand out literature or engage in other forms of public expression to seek a municipal permit establishing an approved "free-speech" zone for that activity.

The permit, if granted, can include limits on the time, place and number of participants. Violations are punishable by civil fines of up to $750 or a misdemeanor criminal prosecution that carries a penalty of up to 90 days in jail.
~ from Utah City's "Free-Speech Zones" Challenged as Unconstitutional by Jennifer Dobner ~

In our local paper, there was an article about a decision rendered by the South Bend Mayor -- someone I actually voted for -- that touches on this overall issue. It seems the mayor is upset that some citizens come to City Council meetings to lodge complaints and, sometimes, to harangue elected officials or city staff. To put a stop to this h-e-i-n-o-u-s activity, anyone wishing to address the City Council now must fill out a form and wait to see if the mayor or council will grant them permission to speak!

What's going on in Brigham City and South Bend reminds me that a large majority of the American population has never fully grasped the essence of the democratic process and how it connects with the freedom of speech. To put it as plainly as I can, democracy is messy AND loud.

When a system allows people freely to express their opinions -- surprise, surprise -- they tend to do just that! People say and write things that may upset others. They may hold opinions that are far outside of the mainstream. In order for speech truly to be free, you must accept the fact that some of the people talking will say things that you or others may vehemently disagree with.

Is this sometimes (often?) a real pain in the ass? Of course! But that's just the way it is.

This notion that people must ask for the permission of authorities to exercise their rights is not the sign of free society. No, that's the way a fascist or totalitarian system works. In those sorts of societies, the state gets to decide what can or cannot be said. It is because the state is the final arbiter to what is and is not permissible that such societies do not have guaranteed rights at all.