On June 2, 2021, the City Council of Punta Gorda, Fla., enacted amendments to its ordinances governing signs, flags and other graphic displays prohibiting “[a]ny sign that contains obscene language or graphics; and any sign containing fighting words or indecent speech which is legible from any right-of-way or within any public space, and which can potentially be viewed by children under the age of 17.” The ban extends not only to signs and flags, but to words appearing on clothing. The ordinance defines “indecent speech” as “language or graphics that depict or describe sexual or excretory activities or organs in a manner that is offensive as measured by contemporary community standards.”
Believing the ban on “indecent speech” to be a violation of his First Amendment rights, Andrew Sheets, a long-time advocate for government and police accountability, opted to challenge the City’s decision to prohibit speech it deemed unacceptable by exercising his right to political speech. On several occasions, Sheets stationed himself in public areas in Punta Gorda displaying protest flags with the words “F--k Biden” and other provocative political messages. Sheets was cited for violating the new ordinance and assessed separate fines of $100 and $200 for displaying indecent speech. Richard Massey, also angered by the City’s attempt to censor speech, similarly opted to exercise his right to political speech by displaying a “F--k Biden” sign outside City Hall. Massey was cited and assessed a fine of $100. As allowed by City ordinance, Sheets and Massey challenged the fines by requesting a hearing before the City’s Code Enforcement Board. Coming to Sheets and Massey’s defense, Rutherford Institute attorneys argued that the ordinance’s ban on indecent speech is unconstitutionally vague and a violation of the First Amendment’s prohibition on content- and viewpoint-based regulation of speech by the government. The Board refused to consider the constitutional arguments, found the men guilty, and upped the fines to $3000.
Affiliate attorney Phares Heindl is assisting The Rutherford Institute in its defense of Massey and Sheets’ right to political expression under the First Amendment.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
Source: https://bit.ly/3fvrivN
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