Speech in the public forum is protected by the First Amendment to the United States Constitution.
This brief article first presents a question by a person who was planning to demonstrate in the public forum in America. The question was asked on AVVO, a website where people can ask legal questions and get online answers from attorneys. Following the question is my answer which the asker names as the best answer. At the end is the link to the AVVO page where one can see the question and answers from various attorneys, including my answer.
The question was:
“I am planning a legal protest. I will be in Grove City, Ohio. I will be in a public area (sidewalk). I would like utilize my rights to the fullest extent of the law and I do not want to go to jail. Other than my 1st amendment right secured by the United States Constitution, what other laws protect me? Can you please cite case law or ORC sections? Do I need to procure a permit? I have a written statement prepared for any police officers I may encounter. It invokes my right to remain silent and refusal to answer verbal questions. Thank you ladies and gentlemen!”
My answer was:
The First Amendment to the United States Constitution.
“The First Amendment protects speech in the public forum. The First Amendment is the highest man-made law in America and only God’s law is higher. All lower laws (State, county, and city) are subject to the First Amendment. As you will see on some of the resources linked to below, even state constitutions, county and city ordinances usually reflect First Amendment rights.
“Speech includes the spoken word and signs you carry. Depending upon the noise ordinance of the city, you may not be allowed to use amplification (such as a megaphone).
“You cannot violate legitimate laws such as laws obstructing a highway, sidewalk or passageway, commit criminal trespass, etc., but the police may not use those laws to stop your legitimate speech. Some of the links below are to resources which tell you exactly what the Supreme Court has said about these matters.
“Police will sometimes falsely arrest people. It is a good idea to have someone videotape all your activity from beginning to end, so you will have proof of the facts. Police are trained to “constructively bend the truth” (lie). so as to cover their own illegal activities. For more on this, see the following resources:
“https://opbcbibletrust.wordpress.com/contents/books/street-preaching-in-america-is-it-legal-tract/ (go there and click link). This goes over the hierarchy of law on this matter, including relevant Supreme Court caselaw.
“https://opbcbibletrust.wordpress.com/miscellaneous/jerald-finney-legal-issues/ (The links to my brief in the Steve Drake case will be very helpful.)
“https://opbcbibletrust.wordpress.com/b-messages-from-pastor/street-preaching/december-25-2013-an-unfolding-street-preaching-battle-in-northfield-minnesota/ (real life run ins with the law by those speaking in the public forum.)
“I send you the above links because I don’t have room in this limited space to appraise you of your rights, how to deal with the police, etc. The resources will be very helpful to you. I have settled many problems where police try to interfere with or prevent speech in the public forum.
“It is best to alert the appropriate law enforcement agencies, the city attorney, and maybe even the mayor and city council members before the date of your speech. E-mail them and/or send certified letters RRR. Call them beforehand. Let them know that you will be speaking in the forum and that your speech is protected. Let them know that should the police interfere with your speech, falsely arrest you, etc. that the individual police person(s) who violate your rights, the police department, the chief of police, the mayor, the city council members and the city can be sued for damages.
“Some cities and their police and other peace officers know that speech in the public forum is protected in America. Others don’t and they have to be educated.”
As this study progresses, the Christian who has listened closely to the previous broadcasts will begin to understand the importance of all the prior broadcasts to the issue of separation of church and state and the history of the First Amendment. The historical facts presented in this section should be taught in every American History class. Only when one knows history (plus biblical theology and law) can he understand where he came from, where he is, and where he is going. Only when one knows the facts presented in these studies and included in books by Jerald Finney in more detail, can he understand how we got our First Amendment to the United States Constitution.
This begins the study of the American application of the biblical principle of separation of church and state. Since the beginning of the church, Christians believed and practiced separation of church and state. They paid dearly for this practice. In the fourth century certain religious leaders were seduced by Constantine to join hands with the state. Over a thousand years of the worst persecutions imaginable followed as religion worked hand in hand with the state to enforce all ten of the commandments. Anyone who did not bow down to the theology of the state church was imprisoned, horriby tortured, burned alive, drowned, buried alive, beheaded, etc. as the state religion tried to stamp out all forms of what they called “heresy.” The Protestant churches followed the theology of their mother in this matter and continued the persecution. However, forces and circumstances were such in the American colonies that the final result was the first nation, the second civil government behind the colony of Rhode Island, to have religious liberty.
Jerald Finney’s broadcasts on Liberty Works Radio Network are aired and streamed over the internet on Sunday mornings at 8:00 a.m. Central Time (7:00 a.m. ET, 9:00 a.m. MT, 10 a.m. PT). Click the following link and scroll to the bottom to go to LWRN radio: LWRN (this link is also on the “Radio Broadcast” page of churchandstatelaw.com).
Introduction to the History of the First Amendment (August 23, 2009 and July 25, 2010, 3rd 15 min. segment):
Introduction to the History of the First Amendment and The Light Begins to Shine (August 30, 2009 and August 1, 2010, 1st 15 min. segment):
The light begins to shine (August 30, 1009 and August 1, 2010, 2nd 15 min. segment):
The Pilgrims and Puritans in Massachusetts (1) (August 30, 2009 and August 1, 2010, 3rd 15 min. segment):
The Pilgrims and Puritans in Massachusetts (2) (September 6, 2009 and August 8, 2010, 1st 15 min. segment):
The Pilgrims and Puritans in Massachusetts (3) (September 6, 2009 and August 8, 2010, 2nd 15 min. segment):
The Pilgrims and Puritans in Massachusetts (4) (September 6, 2009 and August 8, 2010, 3rd 15 min. segment):
The Pilgrims and Puritans in Massachusetts (5) (September 13, 2009 and August 15, 2010, 1st 15 min. segment):
The Baptists in Rhode Island (1) (September 13, 2009 and August 15, 2010, 2nd 15 min. segment):
The Baptists in Rhode Island (2) (September 13, 2009 and August 15, 2010, 3rd 15 min. segment):
The Baptists in Rhode Island (3) (September 20, 2009, August 22, 2010, 1st 15 min. segment):
The Baptists in Rhode Island (4) (September 20, 2009, August 22, 2010, 2nd 15 min. segment):
The Baptists in Rhode Island (5) , the Separates and Baptists in New England (1) (September 20, 2009, August 22, 2010, 3rd 15 min. segment):
The Separates and Baptists in New England (2) (September 27, 2009, August 29, 2010, 1st 15 min. segment):
The Separates and Baptists in New England (3) (September 27, 2009, August 29, 2010, 2nd 15 min. segment):
The Separates and Baptists in New England (3) (September 27, 2009, August 29, 2010, 3rd 15 min. segment):
From New England to the South (October 4, 2009, September 5, 2010, 1st 15 min. segment):
To Virginia (1) (October 4, 2009, September 5, 2010, 2nd 15 min. segment):
To Virginia (2) (October 4, 2009, September 5, 2010, 3rd 15 min. segment):
To Virginia (3) (October 11, 2009, September 12, 2010, 1st 15 min. segment):
To Virginia (4) (October 11, 2009, September 12, 2010, 2nd 15 min. segment):
To Virginia (5) (October 11, 2009, September 12, 2010, 3rd 15 min. segment):
To the new nation and conclusion (October 18, 2009, September 19, 2010, 1st 15 min. Segment):
END
Churches under Christ Ministry Website: Understanding and Applying God's Principles for Church Headship "Would to God ye could bear with me a little in my folly: and indeed bear with me. For I am jealous over you with godly jealousy: for I have espoused you to one husband, that I may present you as a chaste virgin to Christ. But I fear, lest by any means, as the serpent beguiled Eve through his subtilty, so your minds should be corrupted from the simplicity that is in Christ" (2 Corinthians 11:1-3). ————————————This Ministry is under the authority of Charity Baptist Tabernacle of Amarillo, Texas. Jerald Finney, a Christian Lawyer and member of Charity Baptist Tabernacle, having received this ministry in the Lord, explains how a church in America can remain under the Lord Jesus Christ and Him only. "As every man hath received the gift, even so minister the same one to another, as good stewards of the manifold grace of God. If any man speak, let him speak as the oracles of God; if any man minister, let him do it as of the ability which God giveth: that God in all things may be glorified through Jesus Christ, to whom be praise and dominion for ever and ever. Amen" (1 Peter 4:10-11; See also, Ephesians 4::1-16 and 1 Corinthians 12:1-25). "Take heed to the ministry which thou hast received in the Lord, that thou fulfil it" (Colossians 4:17). "And hath put all things under his feet, and gave him to be the head over all things to the church" (Ephesians 1.22; See also, e.g. Colossians 1:18).
Simply Church: God's Prescribed Relationship Between Church and State 