A Fort Worth Police officer ticketed a preacher in late June, claiming the content of his speech was offensive. This week the Department of Justice's Civil Rights Division launched an inquiry into the incident to determine if the officer violated the First Amendment.
The widely circulated video of the confrontation shows an officer and a protester during the Trinity Pride Fest on June 27. "If someone is offended by your talking, then we have a problem," said Officer Sara Stogner.
"That's a constitutional violation of our rights," responds David Grisham, a street preacher and retired federal law enforcement officer. The two continue to argue when Stogner **** erts, "OK, then I'll write you the ticket, and we'll go from there."
"Wait, you're going to ticket us for offensive speech?" the cameraman asks incredulously. To which the officer confidently responds, "Yes, absolutely."
Stogner continues to claim she can ticket the two men for disorderly conduct "if someone complains that your language or what you're saying is offensive."
But that's not how the First Amendment works, according to legal experts. "The First Amendment does not allow government officials to shut down speech simply on account of it being 'offensive,'" said Brennan VanderVeen, program counsel at the Foundation for Individual Rights and Expression. "The government can restrict certain types of conduct or restrict noise above a certain volume level," he continued, but citing someone because people are offended by the content of protected speech is "precisely what the First Amendment does not allow."
The widely circulated video of the confrontation shows an officer and a protester during the Trinity Pride Fest on June 27. "If someone is offended by your talking, then we have a problem," said Officer Sara Stogner.
"That's a constitutional violation of our rights," responds David Grisham, a street preacher and retired federal law enforcement officer. The two continue to argue when Stogner **** erts, "OK, then I'll write you the ticket, and we'll go from there."
"Wait, you're going to ticket us for offensive speech?" the cameraman asks incredulously. To which the officer confidently responds, "Yes, absolutely."
Stogner continues to claim she can ticket the two men for disorderly conduct "if someone complains that your language or what you're saying is offensive."
But that's not how the First Amendment works, according to legal experts. "The First Amendment does not allow government officials to shut down speech simply on account of it being 'offensive,'" said Brennan VanderVeen, program counsel at the Foundation for Individual Rights and Expression. "The government can restrict certain types of conduct or restrict noise above a certain volume level," he continued, but citing someone because people are offended by the content of protected speech is "precisely what the First Amendment does not allow."
11 days ago
