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 town’s pedestrian overpass.
Demonstrators began using the overpass in August 2013 to call for President Obama’s 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 I’m 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 ...
I live not far from the town of Campbell. It is over the interstate, and it violates town rules. I’m all for impeaching Obama and public displays of disapproval, but these people are out of line.
I live not far from the town of Campbell. It is over the interstate I-90, and it violates town rules. I’m all for impeaching Obama and public displays of disapproval, but these people are out of line.
Same with bumper stickers.
I live in Campbell and I am a plaintiff in an upcoming class action lawsuit against the town for violation of my Constitutional rights.
Please tell me how you think we are “out of line”.
Your constitutional rights do not allow you post signs anywhere you want just because you think you can. Walking around with a sign declaring your political thoughts is fine. Posting them in areas where where they are proscribed by law for public safety reasons is another. Use common sense.
Thank you for responding.
The pedestrian overpass is a public sidewalk, allowing pedestrians to cross the I 90 interstate. We all have the right to express our speech in this “public square”.
In my case, we were not posting signs. We were simply wearing t-shirts. Nowhere in the ordinance did it state we were not allowed to wear clothing on the pedestrian overpass. They claimed collectively that our t-shirts was a sign. Our free speech was chilled. Thomas More Law Center agrees.
The pedestrian overpass was the safest location that would provide the largest audience for our message. There is no other location available that offered the type and size of audience we were trying to reach - a very major point in the courts eyes.
There also has not been any safety issues or history of traffic accidents. But as our forefathers warned us, they are hiding behind “safety” as the reason for passing this ordinance to silence political speech.
This is no different than an advertising billboard or even the corporate oasis restaurants located over the highways - all are designed to attract your attention. Should corporations have greater freedom of speech than a citizen?
Tell me how unfurling an American flag presents a safety hazard or holding a cross compared to an LED billboard or driving under the corporate oasis?
The Wisconsin department of transportation was contacted and they stated the same thing - no different than a billboard and they had no issues with our banners, signs or flags as long as they were not attached to the overpass ... it seems only you and the liberals that run the town have a problem with it ... why?
My sole concern is the law and public safety. I’m not a lawyer, and I don’t pretend to know the ins and outs of the law in this case. But although I support your spirit, I’m a little cautious about where protests are done. If they’re distracting drivers on an interstate, that can be a real problem, law or no law. Advertising signs are erected in view of drivers, but that is on private property. And even those are subject to public safety considerations as in the case of the flashing, electronic signs.
I wish you all the best. When I hear the distraction argument all I can think of is how the left has worked so successfully over the years to sway people in the direction of negative liberty. Just like big bad SUVs that kill people. The list, as you know, is endless. They have twisted and manipulated for so long it requires me to have duct tape on hand at all times.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.