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On June 2, 2021, the City Council of Punta Gorda, Fla., amended its ordinances to prohibit “any sign containing…indecent speech which is legible from any public right-of-way or within any public space, and which can potentially be viewed by children under the age of 17.” The ban extends to words appearing on flags and clothing, as well, and does not actually have to be seen by a child to constitute a violation. 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.” Each violation can carry up to a $5,000 fine. During the first month of the new ordinance being enacted, Andrew Sheets was cited four times by police for violating the ordinance by displaying phrases which said “F—k Policing 4 Profit,” “F—k Trump,” “F—k Biden,” etc. Likewise, Richard Massey was cited for violating the ordinance by displaying a sign which said “F—k Punta Gorda, trying to illegally kill free speech.”
At a hearing before the Code Enforcement Board, Sheets and Massey explained that they were expressing their frustration with the government and its attempt to restrict their free speech rights. Despite disagreement among Board members about how to determine whether the words were offensive by community standards and an inability to assemble an exhaustive list of offensive words that would violate the ordinance, the Board ruled against Sheets and Massey, punishing them with $3,000 in fines. Rutherford Institute attorneys subsequently appealed to the Charlotte County Circuit Court. In ruling against the City, the court noted that the ordinance was “designed to cause the preemptive self-silencing of speakers whose messages are entitled to constitutional protection.”
The Circuit Court’s opinions (Massey, Sheets) and The Rutherford Institute’s briefs (Massey, Sheets) in Massey v. City of Punta Gorda, Fla. and Sheets v. City of Punta Gorda, Fla. are available at www.rutherford.org. Affiliate attorney Phares Heindl assisted in advocating for the protesters’ 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
This press release is also available at www.rutherford.org.
Source: https://bit.ly/3UDEodr
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