Skip to comments.Wisconsin town sued for banning display of American flag on overpasses
Posted on 02/04/2014 6:55:00 PM PST by afraidfortherepublic
The town of Campbell, Wis., is facing a federal lawsuit challenging ordinance 9.12, which bans the display of banners or flags on or near the towns pedestrian overpass.
Demonstrators began using the overpass in August 2013 to call for President Obamas impeachment and to display patriotism. After a gathering in October angered local citizens and garnered media attention, the Town of Campbell passed the ordinance, which prohibits the display of signs, flags or banners within 100 feet of the overpass.
On Oct. 24, Gregory Luce and a few supporters, wearing T-shirts that collectively spelled out IMPEACH OBAMA, were ordered by a policeman to leave the overpass or be issued a citation. They left as ordered. Three days, later Nicholas Newman was issued a $139 citation for displaying an American flag
The Thomas More Law Center announced Monday it has filed the suit on behalf of Luce and Newman, on the grounds that their rights to freedom of speech and peaceful assembly have been violated, and that the ordinance itself is blatantly unconstitutional.
The Supreme Court has repeatedly stated that a bedrock principle of the First Amendment is that government cannot ban the expression of ideas just because some find it offensive, said Richard Thompson, president and chief counsel of the Thomas More Law Center. In fact, the Supreme Court has allowed the burning of the American Flag on the grounds that it is a matter of free expression. So Im astonished that the Town of Campbell and the police department think it can ban a citizen from displaying the American Flag.
(Excerpt) Read more at dailycaller.com ...
Hopefully, they’ll bankrupt the town.
Thomas More Law Center sues Campbell on behalf of overpass activists.
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
sounds like vandalism of public property
If the overpass is over an Interstate it could be a driving distraction.
One argument against overhanging signs of any kind on an overpass is that they are a driving distraction. Yes and no. I’ve seen plenty just outside of DC that were not distractions.
However, if the men left as ordered and got a fine, then that is illegal under both the First Amendment and 4th Amendment.
Want to buy a bankrupted town? Probably full of Wisconsin reds and liberals so it comes with a “Buy as is” warning.
Some people just don’t want Americans to express their pride in our country. Some people need to be removed from office and for some, their guns/badges taken away.
As stupid cop is a dangerous cop.
If you dont like Obama, you can Impeach him in 2014.
Women walking on overpasses are distractions to me.
Women waving Old Glory on overpasses are never a distraction for me.
“No defacing of public property involved. If the display is deemed to be a driving distraction, why did the police get involved when anti-Walker and other lefty demonstrations on the same overpass were left alone?
I certainly was not aware of that.Appears to be selective law enforcement.
Sure. Like interstate signs.
Progressives / liberals don’t like their own methods used against them.
Beat me to it. My sentiments exactly.
I am a member of Overpasses for America and Florida and a couple of local groups. When I go up there, it is a FREEP to get people used to seeing the words IMPEACH OBAMA and REMEBER BENGHAZI and similar things that LIV are not used to seeing. We are very careful with our signs and displays so that we do not get blamed for idiot drivers. We have had groups that were told they could not hang things from the chain link, but most of the time we have been left alone by law enforcement, although once some contractors came up and told us they were responsible for the overpass and tried to intimidate us into leaving. Often Nut jobs scream threats at us and make wild hand gestures. No one ever said standing up for our rights would be safe and easy. We understand that. https://www.facebook.com/groups/166178186911610/
one could argue billboards pose the exact same danger. yet govt allows those distractions.
A couple of generations ago contractors and construction workers were generally outspokenly patriotic and anti-commie/leftist.
That was back in the days when they would fly banners and wear T-Shirts that said "America - Love It Or Leave It."
Now most labor unions are in bed with the socialists in the government and have traded their patriotism and votes for government handouts, waivers and special treatment.
You are Patriots!
Sometimes you have to fight fire with fire. Lawsuits and liability are conditions even the Progressives want to avoid.