Sunday, March 28, 2004

 

Free Speech

I don't have to go around the country or even around the state of Pennsylvania for this story. It's happening right in my own backyard.

No sign fees -- for now

ERIE -- The city of Bradford agreed to temporarily stop enforcing an ordinance that requires people to pay a fee and post bond to put up signs on private property after the American Civil Liberties Union challenged the ordinance in court yesterday.

U.S. District Judge Sean McLaughlin set a hearing for April 20, when he'll decide whether the ordinance is constitutional or whether to issue a court order that will continue to prevent it from being enforced.

The Pittsburgh chapter of the ACLU represented three property owners who have received a total of six citations since March 8 for signs they've erected on property they own.

Witold "Vic" Walczak, legal director for the Pittsburgh ACLU, said the ordinance is unconstitutional because it attempts to regulate the content of some signs while ignoring others.

"Whether it's a matter of free speech or property rights, they just can't tell people what messages to display on their private property. That's the bottom line," he said.


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This is the second time city officials have tried to keep one of the plantiffs from posting signs on his property. Wouldn't you think they learned their lesson the first time? I guess some people just don't understand the First Amendment. I don't pretend to be a Constitution scholar, but I'm pretty sure it doesn't guarantee citizens free speech except in locally designated historic districts.

The first time around, three years ago, I covered the story for the newspaper. This time, the person who is putting up the signs is critical of the mayor, the former mayor and the fire chief. Last time, he likened certain police officers to the Gestapo. One of the police officers sued me and the paper for libel. Apparently, neither he nor his lawyer is a Constituation scholar either. Apparently, they never heard of freedom of the press or Sullivan v. NY Times or the myriad other lawsuits that defend the rights of the press.

Someday I hope these people learn that this is the United States of America and our forefathers fought for the rights they're trying to tell us we don't have under their leadership.

posted by Anne 3/28/2004 08:04:00 PM