The Volokh Conspiracy

Permit Needed to Have One-Man Protest on Sidewalk?

The AP reports:

Edwin Crayton was chased away by a Natchitoches police officer from the front of [a] Wal-Mart store in early October when he tried to protest what he believes is the company's stand on gays, according to the ACLU, which filed a lawsuit on his behalf.

The ACLU said the police officer told Crayton that he needed a permit to protest ....

When Crayton protested he held a sign that read, "Christians: Wal-Mart Supports Gay Lifestyles And Marriage. Don't Shop There." ...

After the ACLU sued, the parties agreed to suspend the ordinances as to the plaintiff until a final hearing on the permanent injunction, and the court implemented that through a court order.

The ordinances involved require permits (for which $10 is charged) for "[a]ll public gatherings" and all "open air public meeting[s]"; while such ordinances would be constitutional when the meeting or gathering is large enough, I doubt that they'd be constitutional for small demonstrations, especially given that sometimes such demonstrations quickly react to recent events. I've read several circuit cases that have in fact held that such ordinances are impermissible unless they exempt small groups (though the required cutoff is not entirely settled). And it's hard to see why such an ordinance would be constitutional as to solo demonstrators, even if it on its face purports to apply to such demonstrators (something that's not clear, since one person holding a sign is literally hard to call a "gathering[]" or a "meeting").

Thanks to Allen Asch, author of the ACLU Fights for Christians Web page; and thanks to the ACLU of Louisiana for taking the case.

lucia (mail) (www):
Aside from the constitutional issue, don't the words "gathering" or "meeting" imply two or more?
11.14.2006 1:38pm
buddingeconomist:
So, if I wear my Sorry Guys t-shirt and stand in front of the CPUSA headquarters, can I get arrested for not having a permit?

A permit for having an opinion?
11.14.2006 1:55pm
Chris Bell (mail):
Thanks for the ACLU Fights for Christians link. It's nice to have that rebuttal.
11.14.2006 2:18pm
ReVonna LaSchatze:

Lol.
This is the new posterboy for Christian rights? Oy!
11.14.2006 2:44pm
Daniel Chapman (mail):
Doubt it. I never would have heard of him if it weren't for the ACLU... hardly the expected mouthpiece for Christian organizations.
11.14.2006 4:04pm
Thief (mail) (www):
Thanks for the ACLU Fights for Christians link. It's nice to have that rebuttal.

AFAIK, this is a Free Exercise case, as are all the cases cited in the link. Whatever its merits on Free Exercise cases, the ACLU's legal thought on the Establishment Clause is somewhere between five and eight different kinds of stupid.
11.14.2006 6:10pm
Eugene Volokh (www):
Thief: It's a Free Speech Clause case, not a Free Exercise Clause case.
11.14.2006 8:31pm
Ed:
They are not fighting for Christians, they are fighting against Wal-Mart.
11.15.2006 9:11am
CJColucci:
Sam Walton versus Jesus. Place your bets.
11.15.2006 11:12am
Hans Gruber:
"Thanks for the ACLU Fights for Christians link. It's nice to have that rebuttal."

Rebuttal to what? That the ACLU has NEVER taken a case defending a Christian? That'd be a rebuttal to a strawman.
11.15.2006 1:11pm
Thief (mail) (www):
Thief: It's a Free Speech Clause case, not a Free Exercise Clause case.

GAH! So many freedoms in this country I can't keep track of them all.

Anyway, I think my larger point stands: I haven't heard of a single case where the ACLU defended a Christian person/group on Establishment clause grounds... I could be wrong, though.
11.15.2006 1:32pm
Dilan Esper (mail) (www):
Thief:

Could that be because the Establishment Clause (even under the restrictive-- and incorrect-- interpretations placed on it by conservatives) restricts government power to favor particular religions, something that in practice usually means favoring Christianity over other religions or nonreligion? Usually, when a Christian is complaining about his or her inability to practice his or her religion, it is styled as a free exercise or free speech claim. In contrast, the plaintiffs in establishment clause cases are usually people seeking to prevent Christianity from being shoved down their throat by the government.

That said, I am sure there are cases where the nominal plaintiffs in establishment clause cases, arguing excessive governmental entanglement with religion, have been Christians. And I am sure that the ACLU has represented or supported them.
11.16.2006 1:57am
Allen Asch (mail) (www):
Dilan Esper wrote:

I am sure there are cases where the nominal plaintiffs in establishment clause cases, arguing excessive governmental entanglement with religion, have been Christians. And I am sure that the ACLU has represented or supported them

I know of a some Establishment Clause cases with Christians on BOTH sides. For example, in ACLU v Capitol Square Review, the ACLU plaintiff was a Christian minister objecting to Ohio's motto "With God, all things are possible" because he thought the government endorsement tainted his religion
11.17.2006 8:10pm