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A street preacher has emerged victorious in his battle against a Maryville ordinance requiring he and fellow proselytizers apply for a permit to spread their message.
In an opinion released late Tuesday, the Tennessee Court of Appeals struck down as unconstitutional a Maryville ordinance that makes it "unlawful for any club, organization or similar group to hold any meeting, parade, demonstration or exhibition on public streets without some responsible representative first securing a permit."
"We fully acknowledge Maryville's legitimate interest in preserving order and safety on its streets," the court opined in a decision delivered by Appellate Judge D. Michael Swiney. "Nothing in this opinion diminishes the right of municipalities to protect people on roadways. However, the particular measure at issue in this case fails to pass constitutional muster as it is vague, overly broad and affords too much discretion to the officials charged with issuing permits."
The case began in November 2008 when street preacher Wallace Scott Langford, his adult stepson and his stepson's friend "were screaming and shouting at passing motorists" their gospel message at one of Maryville's busiest intersections — U.S. Highway 321 and Broadway, the opinion stated.
A video showed the trio "were holding signs and that, at times, the two adults other than (Langford) were passing back and forth through the crosswalk to and from the median," the opinion noted. Langford was positioned at the Maryville Municipal Building at the same intersection.
Maryville Police Department officers asked the trio to leave, but they refused. Langford was then cited for failing to secure a permit to demonstrate. Langford was ultimately convicted, and attorney William Gribble appealed on his behalf.
Maryville attorneys argued it wasn't the preaching that was an issue but the dangerousness of doing so at one of the city's busiest intersections and contended the ordinance requiring a permit was constitutionally sound.
In its ruling, the appellate court agreed the ordinance and the enforcement of it was not targeted at street preaching. However, the court opined the ordinance cast too wide a net to pass constitutional muster.
"There are two overarching tailoring flaws in the ordinance — the lack of a small group exception and excessive discretion afforded to the issuer of the permit," Swiney wrote, adding that two people walking alongside the intersection en route to church could conceivably be considered a "similar group" subject to the ordinance.
The appellate court also took Maryville attorneys to task for arguing the penalty for violating the ordinance — a $50 fine — "is relatively slight (and, therefore) not an undue restriction on speech."
"There is no economic sliding scale for the right to engage in constitutionally protected activities," Swiney wrote. "The richest and poorest among us, as well as those individuals in-between, all have the same rights under the constitution. We hold that, as the ordinance could apply to virtually any pair or group of people engaged in a common activity, the ordinance is overly broad."
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Comments » 103
leon writes:
Even if those preachers were democrats extolling the virtues of voting for Obama, I would have to agree that the ruling was correct.
SouthChapman writes:
I agree with the court. I may not agree with the message, but freedom of speach is too important to restrict. Maryville is trying to build a gated city at taxpayers expense. Allowing only selected citizen to enjoy public buildings and services.
militantatheist13 writes:
see, even petty little wannabe tyrants like street preachers are allowed freedom of speech. that is how it should be. freedom and liberty for all - even the small minded morons that want to shove their so called morality down others throats.
"I disapprove of what you say, but I will defend to the death your right to say it."
Voltaire
KTowner writes:
Their freedom of speech is fine. I just hope they don't get in front of my car while I'm driving.
burpee_von_rotweiler_IV writes:
I don't have a lot of confidence in the City of Maryville's leadership.
They constantly complain of "no money available." However the City has spent thousands trying to shut down a profitable rock quarry that was in existence decades before it was annexed by the city.
The city couldn't come up with a couple of thousand dollars to keep one of the top performing elementary schools in the state open but somehow found the $500,000 to fast-track Astroturf and a Jumbotron for the high school football field.
BouncerBack writes:
You must be talking about the gays arent you???
BouncerBack writes:
They got the only permit that they will ever need, (From God).....God Bless The Street Preachers!!!!
homewrecker writes:
Ah so vehicular manslaughter is a better option? I guess according to you..the Soto guy and the pregnant girl were at fault for getting hit by the guy driving the ford at night? I guess you drive on the median and ignore crosswalks too?
Are you sure you wouldn't rather live in Russia or China?
Henley-Street-Bridge writes:
Maryville downtown is so desolate now, it looks like a Neutron bomb has gone off (Buildings are there, but the people are missing = Neutron Bomb)
Looks they'd like some action down there, even if was street preaching on selected days and Rassling on Sat nights.
Maryville is getting a little snotty for it's brithes, much like Farragut has always been.
EllieMae writes:
So these guys are screaming at people and telling them they're going to hell while at the same time running back and forth in front of traffic? Lol! Ain't America great?
KNS, please show us the video, I love circuses.
KTowner writes:
Hey, if they consciously jump in front of a moving car, for whatever reason, well, physics isn't just a good idea. It's the law.
greendragon writes:
The idea of freedom of speech seems to be so subjective to humans; protecting the desire to spout religious threats and doctrines, but attempting to make it a crime to voice a few expletives when the occasion calls for it.
Werster writes:
Don't you hate those Muslims and Gays in your face pushing their evil agenda?
Whoops sorry, this is about Christian religion, never mind.
PetulantVol writes:
I always thought it was funny when the street preachers showed up at UT when I was in college. A lot of times the girls would just flash their b00bs at them as they walked by just to rile 'em up !
pngwen#526377 writes:
It's refreshing to see an American judge make a good ruling! Clearly there isn't free speech if we aren't free to speak. (It sounds kind of self evident if you say it aloud.)
leon writes:
The “one way” type tolerance of left wingers is a thing to behold.
If a liberal threatens to use a car to run over someone preaching on the street, the editors let the comment stand without even using their soft weapon which requires the reading of the comment after another an additional key stroke. This, at the very least, suggests a degree of tacit approval of the appropriateness of the comment by the editorial decorum patrol.
wrightskyguy writes:
If we people in Farragut appear snooty, it's only because we're better than you.
rebelmtnmom writes:
Folks like you will "welcome" those muslims over Christians right up to when there are enough of "them" that Sharia law is voted in and then what? I'll tell ya what, NO ONE will be free to do anything then, especially have the freedom of Speech! As a Christian I "street preach" to follow the Bible's command and to TRY and share the facts of God's Word with a lost and dying world. Right now these boards are filled with all sorts of smart arse remarks and insults toward Christians and we only wish to see everyone accept Christ's forgiveness and miss out on eternal torment. Why so many love to oppose the One who died for their sins and mock Him still amazes me. The alternative is an eternal mistake but if you disagree, why fight so hard against those who only wish to warn you? I'd love to see all the Christian haters say the same things to the muslims! THAT will be very interesting indeed.
Kid_Epicurus writes:
Think of the uproar that would occur if non-believers took to the streets to teach science, facts, and truth instead of mythologies.
That's how backwards we are as a people.
pmillar writes:
LOL!!!
MerrieLong writes:
Amen, Axeman. Tell it!!
Can't hear what they're saying, just mouth a frothin' and arms a wavin' like one of those wacky inflatable flailin' arm men. Yes. That REALLY makes me wanna join their cult.
mainstreammediaslawyer writes:
Then they have the right to open fire on your arse!!
snd writes:
SouthChapman and GreenDragon: +1
Let them shout whatever they want to, as long as they keep to the traffic laws. If that still creates a dangerous situation, the traffic laws need to be adapted, not free speech limited.
For me, I'd dial my radio to 103.5, open my windows, and enjoy my own screamfest in order to avoid hearing theirs :-)
EllieMae writes:
Maybe I'm wrong, but if you're referring to KTowner's remark, I didn't take that as a threat, just a remark that he hoped they didn't jump out in front of his car.
But if you want to see threats, maybe you should clue in to the remark about "bagging" hippies on another thread. Trust me, that didn't come from a liberal.
dkta writes:
I agree with your right to speak, but I also have the right to not have you in my face when you are speaking. If you want to preach to an audience that don't want to listen, what does that make you, you are violating their right to walk down the street in a peaceable manner and not be bothered. You can't sell your religion like it was a bottle of snake oil, if people want to hear what you have to say, they will come to your church. When I see people out trying to sell their religion, to me it is the first red flag to not have anything to do with them. I just wish they would remember the old addage, if you have to scream, you have nothing to say.
EllieMae writes:
Seriously, anyone who runs back in forth in the street is just an accident waiting to happen. Same goes for the Shriners, sororities, or anti-choice nuts begging for money in the middle of the street at stop lights. That phooey is BS and should be stopped.
snd writes:
Can you point me to the law that shows your right to not be bothered in a public place?
You do have that right - in your house. I don't think you have that right inthe public space. Free speech would be dead immediately because there's always somebody that doesn't want to hear what's being said (or screamed for that matter).
Kate59 writes:
Your comment is pure bs. If it was a liberal, pro-choice nut, or a tree hugger begging for money, you would take them to lunch. Who are you kidding?
Tipsy writes:
Clown usually do love circuses, why should you be any different?
dkta writes:
In response to SND
Can you point me to the law that shows your right to not be bothered in a public place?
You do have that right - in your house. I don't think you have that right inthe public space. Free speech would be dead immediately because there's always somebody that doesn't want to hear what's being said (or screamed for that matter).______________________________________________________________________
When you get in my face trying to sell me something that I don't want to listen to, you are a threat to my well-being and I have a right to protect and defend myself, it doesn't matter what you are selling. How would you like for someone to get in your face and try to sell you pornography, snake oil, sex or anything else you deem is a sin, I don’t think you would appreciate it. Because your message is religious in nature does not give you the right to interfere with my walking down the street unobstructed.
elo_001 writes:
Wow, some of you folks are out for blood today. Lighten up.
-Eric
EllieMae writes:
Well, I've never been approached by those groups in the middle of Kingston Pike before, I guess they know better. Maybe if you lived in Knoxville you'd actually have a clue as to what I'm referring.
oldjarhead writes:
Might just give that street preachin' a try my ownself......
GT-FORD writes:
What about your sermon this morning about "homophobia and racism"? You libs, are funny. Y'all get mad if someone tells you how they feel about GAY'S and then scream" homophobia" and etc.. But y'all can say whatever about Christian, Churches, Preachers... Get your on Phobia
took care of before you preach to others. You libs, are NOTHING but a bunch of hypocrites.....
GT-FORD writes:
OH STOP THE PRESS!! Moon, doesn't like it so lets BAN THEM..... LMAO
EllieMae writes:
I do give to the Shriners, I just wish they'd get out of the street when they're asking for money.
GT-FORD writes:
Moon you let the most simple things get to you...Try not to have a stroke. Because with out you, this would be NO fun.
Elroy_Jetson writes:
I live in Blount County. In Maryville, there's always an ordinance. Also, there's always a fee or a fine. Those people believe in regulation, and don't know anyone else in Blount County even exists. I'm not saying they overdo anything to the extreme, but any NFL Team would surely feel at home in that brand spankin' new pro stadium.
GT-FORD writes:
What consequences would that be? your BIG mouth? Why don't you freeze your teeth and give your tongue a sleigh ride. Next time you donate some clothes, do us all a big favor and stay in them,,,
GT-FORD writes:
BTW Axe, i dont hate Gay's.. Most are the nicest people i've ever met. But that doesn't mean i agree with there lifestyle. and you have NERVER heard me on here bashing them either..
Bitterwater writes:
Why does god resort to street preachers? How about a 30 second Super Bowl ad? In fact, why doesn't god just make herself known to the entire planet and be done with it?! "We interrupt this program for a message from the Creator of the Universe."
militantatheist13 writes:
no, its street preachers that are petty tyrants, not gays. although to be fair, since gays are human beings, i'm sure there are wannabe petty tyrants amongst their crowd as well. that guy who worked for Ronny Raygun who basically invented TV attack ads comes to mind. bless his heart, he was in the closet the whole time cooking up attack ads for the GOP.
i don't see gays trying to shove morality on anybody. they are asking to be left alone. but since you authoritarian so called Christians have a moral code that says its ok to bully, oppress and otherwise dominate those who don't fall in line with y'all, i can see why you interpret someone asking to be left alone as equal to your urge to dominate everyone into being like you.
after all, when one is in reality an anti liberty authoritarian, one tends to see everyone else on the planet as also being an authoritarian. simple minds need simple explanations.
militantatheist13 writes:
dear genius,
since most of us don't submit to your version of theocracy, why do you think we will submit to the Muslim version of it?
do you really think that the beer drinking population of America is going to let Muslims outlaw one of our favorite hobbies? You Christians can't even stop beer drinking, what makes you think the Muslims can pull that off?
are they stronger than you? is their version of the God of Abraham stronger than yours?
answer: NO, since I have not bent a knee to either one and i have blasphemed all of the above almost every day. neither God exists and neither population of authoritarian Muslims or Christians is strong enough to bend my knee, take away my beer, stop me from going to heavy metal concerts or otherwise force their tyrannical, pathetic, weak, so called religion on me or anyone else in this fine country.
Kate59 writes:
You're right as usual, moon. Of course, we will just have to take you at your word. Let's see:
1. You get yelled at by street preachers - check.
2. You get stopped by the Shriners - check.
3. You get stopped by anti-choice people - check.
4. You never get stopped by anti-liffe people - check.
5. You never get stopped by a tree hugger - check.
Am I missing anything?
Kate59 writes:
laughing.......bounceback got you with one little sentence. Some people sure can dish it out, but can't take.
EllieMae writes:
Yeah, so what? Oh, I forgot, that's what obsessed people do; they obsess over their object of obsession and must know everything about them. I'm glad to see that you're precise and have a checklist.
Now, run along, that's all your getting from me today.
jdcanfield writes:
Why not name the original Judge and Lawyers that fought and Ordered against Christianity in Blount County's Courts?
This luxury of omission is not afforded to the authorities in Knoxville. Why?
It's probably best, however, to not even begin addressing the corruption in Blount County. Langford might as well have been at the intersection of Canaan and Nod. Same place.
rebelmtnmom writes:
Dear Dullard, I'd like to explain to you in VERY simple terms (out of necessity) that the muslims will not ASK you if you care to bow and pray five times a day, or if you "like" Islam! I suggest you read up on the plethora of nations that once had freedom and are now RULED, for there is a difference! The muslim will point a gun to your big head and TELL you what you are and if your big mouth runs off you will be DEAD. It's that simple and the "proof" your type needs is a click away; start with the continent of Africa. IF you find yourself in this position (which is the goal of Islam: infiltrate, disarm and assimilate until a majority vote brings in Sharia law)and your mouth still spews forth such bs, trust me, you WILL BOW your knees and it WILL be before God Almighty. It's too late then. This is why all of us "crazy Christians" are trying to get people to listen! We don't go out and blow up people with IEDs or bomb vests. We take the jokes, mocking and taunts from those who are deceived. Christians are told by God to live as He has told us to, we aren't perfect for sure, but we are to TRY! No, we haven't been able to "stop drinking" but yes, the "muslims" have done so in the countries where they have taken over and if they get the majority here, it WILL happen because they MAKE it happen OR ELSE! They aren't "stronger", they aren't smarter, but the people that they overrun ARE dumber and think they know more than anyone else. Sadly, that's where you stand right now. Christ "wins" in the end, and that day is soon approaching. I pray you wake up before you find yourself facing THE Judge and you WILL find out who is "pathetic" and who is STRONG, for God's Word says "EVERY knee shall bow, every tongue shall confess, that Jesus Christ is Lord"! The choice is yours.
militantatheist13 writes:
any Muslim that tries to make me bend a knee to his so called God will very quickly get a lesson in resistance he won't soon forget. He will not be the only one pointing a gun at anybodies head.
you are an absolute moron and unAmerican coward for thinking that a bunch of wannabe tyrannical theocrats from the desert will ever conquer this country. You are defeatist in your attitude and simply unAmerican.
as for your God, good luck with that. either you or Him try to bend my knee and you will be getting the exact same response as any so called muslim.
again, you have failed to install a Christian theocracy here in the Land of the Free and the Home of the Brave and your spiritual comrades (who worship the same God of Abraham that you do) will also fail.
also, as an addendum, i would like you to name me one non-muslim country that has been over run by Muslims in the MODERN AGE and made to bow towards Mecca. I read the news and i fail to remember whom Saudi Arabia has actually conquered. "plethora of nations that once had freedom" who? name one. and name one that was conquered in the last hundred years or so, not one that was conquered in 1250 CE. Which African nations had freedom before Islam? oh right, the ones that used to be part of European Empires? they had freedom right? the freedom to kow tow to racist Euro trash Imperialists right?
militantatheist13 writes:
oh yeah, he got me soooooo good. that little mental midget, with your stupendous help, has put me in my place. i will never, ever, mouth off to a conservatard again. i am defeated by y'alls superior wit and intellect and your ability to use humor for cheap political points.
choke.
whatever.
i can dish it out and take it all day long.
bring it.
too bad you petty little authoritarian conservatards can't. after all, y'all are the ones that can't handle having anyone who does not submit to your way of doing things around for any length of time. who wants all the different people out of the Land of the Free - you do. idiot. like i said, bring it.
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