The following legal information addresses the issue of your rights to proclaim your faith in public. We suggest you present courtesy copies of this letter to your local Mayor, City Attorney and Police Chief to inform them of your activities and intents to preach and witness in public and of the constitutional basis on which you are conducting these activities. Hopefully, this will help you plough through the opposition many have encountered in public. You do have a legal right to bring court action against individual police officers who interfere with your exercise of constitutional rights of free speech in public. There is so much opposition from authorities of every kind, it is better to wait until a legal advantage falls into your power before becoming starting legal proceedings.
Law enforcement officers value their jobs greatly and are therefore fearful of anything threatening their employment. Consequently, many of them are extremely uncomfortable with your using video camera's to film their confrontations with you when you are preaching and witnessing for the Gospel. Some will depart from the scene, some will endure being filmed, and some will order you to cease filming them and still others will confiscate your video camera and even arrest you on trumped up charges.
Police officers are accustomed to being in charge and of having the ability to manipulate the truth if they want to. So you will want to be wise as a serpent unseen in filming and harmless as a dove,...carrying no weapons of violence to provide a rogue officer with the ability to criminalize your preaching Christ.
It can be effective to carry such a document as this with you in public in the event you are approached by anyone in authority from security guards on up society's chain of command, but as the nation sinks deeper into rebellion against God; any such documention can also provoke bully authorities who think themselves to be the law.
When city officials and police understand their obligation to protect the free speech rights of preaching citizens, there should be no further problem; but there will be always be confrontations when the Word of God is proclaimed publicly in truth and all might. We are to DO ALL THAT WE DO IN ALL OUR MIGHT, but sinners and even ungodly believers will hold their hands up to try to stop you from practicing your faith obediently to the Spirit of the Word.
Jesus warned us saying, "IF THEY PERSECUTED ME, THEY WILL PERSECUTE YOU."
Every police department has rogue cops who do not listen to reason when they think they can get away with bullying God's people out of their legal rights and every power hungry lover of darkness will come forth to quench the Spirit of the Gospel they despise and you will be persecuted everywhere you preach Jesus Christ in America and in all of the world.
If you can afford A LEGAL DEFENSE BUDGET, put your money to work wisely. Get a winning lawyer tuned into the song you are singing in public and the Word you are declaring and what your legal point of view is in this matter before you are arrested.
Lawyers seem to think they are doing you a favor taking your legal defense money after you are arrested and processed into the miserable world of a prison. Make it clear what you expect from your lawyers before you are arrested, then they won't mind so much when you fire them for departing from absolute truths you represent not only in preaching publicly but in your legal defense in a court of law.
But, if you are a poor wayfaring man free from all of the entanglements of materialism; you think they desperately need you in the prisons; and the law officer coming to put handcuffs on you is your taxi driver to escort you where you want to go.
But he's driving you to jail free of charge! Can you believe your good luck. Your legal team is you. You don't want to leave the prison before you convert them all in the Spirit of truth and virtue. You have found a vast congregation of sinners.
If you continue to act like a free man where-ever you go in the hidden world of prison, prison wardens will consider you are breaking their laws; ...they are undoubtedly the law there as long as they don't get caught.
You can hope faith is not dead in all of them where you are locked up as you cry out the Gospel of Jesus Christ while escorted among them.
What great good all those sinners can hope to experience as soon as they
turn every thought and every act of their lives over to the Word of God!
LEGAL OPINION MEMORANDUM:
Preachers and witnesses are threatened with arrest for disturbing the peace while exercising constitutional rights of free speech on public streets in the public forum. A preacher must be ready for those who are paid to protect him to become his persecutor.
Police officers approach some saying your preaching is "offensive" so you had better stop or face arrest. In some instances, the authorities are correct. Unskilled Christians can be offensive.
It is written: "Zeal without knowledge is vain." So it may be you were doing more harm than good.
Seriously consider whether you ought to stop or stand up for your rights. "Pride comes before the fall." If you do go to jail, you should desire to do so to glorify God and Christ rather than as a transgresser.
Public streets and parks are considered "traditional public forums." This is the classic place where citizens have always been permitted to share their beliefs and ideas with one another either verbally or through the distribution of literature. In the case of Hague v. C.I.O., 307 U.S. 496 (1939), the United States Supreme Court held that citizens have a "guaranteed access" to streets, parks, and other "traditional public forum." The privilege to use streets and parks for communication of views may be regulated in the best interests of all, but it must not, under the guise of regulation, be abridged or denied. Mere inconvenience to the government will not outweigh free speech interests.
The "traditional public forum" is the most protected place for Christian witnessing, "street preaching," and literature distribution. All citizens have an absolute right to share their faith in the "traditional public forum" of streets and parks. This absolute right is subject only to limited controls in the interest of public safety and order--i.e. two parades cannot march down the same street at the same time so parade permits, if constitutionally granted, are permissible.
It is important to note controls for public safety and order may not be imposed for reasons such as potential littering, potential offense to other citizens, or attempts to silence some citizens while continuing to permit others to speak in the forum. Amplification may be regulated by ordinances setting noise decibel levels under Kovacs v. Cooper, 335 U.S. 77 (1949).
In the case of Schneider v. State, 308 U.S. 147 (1939), the United States Supreme Court did not permit cities to forbid leaflet distribution in order to prevent littering. The objective of keeping the streets clean does not outweigh the right to distribute literature in public.
Christians are free to witness and distribute Gospel tracts in public streets and parks. Christians are also free to preach, sing, or present dramatizations which might collect a crowd as long as that crowd will not block pedestrian or vehicular traffic. Permits may sometimes be required for formal crowd generating activities but they must be available on a neutral basis to all who request them and must allow real communication to take place. In the case of Freedman v. Maryland, 380 U.S. 51 (1965), the United States Supreme Court held that public officials may not be given overly broad discretion to grant or deny permits or licenses. There is also the legal consideration of your FREE EXERCISE OF RELIGION by any means commanded and counselled in holy Scripture, that is, in regard to locations and methods. If it is stated in the Bible, it belongs to your legal rights and legal defense of those rights. So know your Bible, and don't be afraid to show those who oppose the work of the Gospel what you see as your rights.
First Amendment law also does not allow city police or officials to interfere with a citizen's right of freedom of speech simply because that speech might offend a listener. These cases are particularly important to your situation. In the case of Cantwell v. Connecticut, 310 U.S. 296 (1940), the United States Supreme Court held that speech may not be prohibited merely because it offends some listeners.
Several other Supreme Court cases have also dealt with this issue of giving offense to other citizens, which is sometimes called the "Heckler's Veto" and is not permitted. In the case of Cox v. Louisiana, 379 U.S. 536 (1965), the United States Supreme Court held that hecklers may not be allowed to veto a speaker's right of free speech. Police must control a crowd rather than arrest the speaker in order to maintain order. A similar ruling that offensiveness is not a reason to limit free speech rights was made by the Supreme Court in the case of Cohen v. California, 403 U.S. 15 (1971).
In America, citizens, police and city officials are still held to the legal standard that can be restated in the folk maxim: I may not agree with what you say but I will defend to the death your right to say it. That is still the law in these United States. It is also true that I may be offended by what you say but I must protect your constitutional right to say it. Witnessing, "street preaching," and distribution of free literature are constitutionally protected activities because they are ways citizens have always exercised their rights of free speech.
PRACTICAL GUIDELINES FOR PUBLIC PREACHING:
1. Do not disrupt the traffic flow. Stand near a building or other stationary object such as a lamp post.
2. Do not interfere with access to buildings.
3. Maintain a reasonable noise level for the situation (different in front of a high school or hospital than on a public street where other may call or shout to friends or otherwise maintain a higher noise level with the unamplified voice).
4. Do not use words that would provoke a riot or other "clear and present danger" to public safety, however, you may not be prevented from speaking merely because others are offended by your message.
5. Identify yourself to law enforcement officials so that they will know why you are on the street.
6. If hassled by police or other citizens, be polite and explain your rights calmly rather than cause a confrontation. But don't be afraid to "resist the devil" working through an ungodly police officer. He also is a soul to be saved.
7. Consider picking up any literature passersby may drop near you in the street even though you didn't throw it down.
8. Don't pressure people to take literature if they obviously do not want it.
9. If you engage someone in conversation, move to the side of the street in order not to block traffic.
10. Work in teams as much as possible to ensure safety and to vouch for each other if confronted by police. This is particularly important in "bad" parts of town.
11. Identify yourself to authorities ahead of time so they know what you are doing. You could carry a letter from a pastor or evangelist vouching for your legitimate activities. You might also carry along a list of names of court cases that give you the right to do what you are doing.
12. If you see a companion being arrested, do not interfere with the arrest. Observe from the sidelines and then call a local attorney or pastor for help.
13. Do not resist if arrested yourself.
KEY LEGAL CASES:
Hague v. C.I.O., 307 U.S. 496 (1939). The United States Supreme Court held that citizens have a "guaranteed access" to streets, parks, and other "traditional public forum." The privilege to use the streets and parks for communication of views may be regulated in the best interests of all, but it must not, under the guise of regulation, be abridged or denied. Mere inconvenience to the government will not outweigh free speech interests. The government must use the least restrictive means of achieving legitimate, content neutral objectives.
Ward v. Rock Against Racism, 491 U.S. 781 (1989). Time, place and manner regulations must be narrowly tailored and must not be substantially broader than necessary to achieve a significant government interest.
Schneider v. State, 308 U.S. 147 (1939). The United States Supreme Court did not allow cities to completely forbid leaflet distribution in order to prevent littering. The objective of keeping the streets clean does not outweigh the right to distribute literature in public.
Cox v. New Hampshire, 312 U.S. 569 (1941). The United States Supreme Court permitted a city to require a permit for parades as a reasonable means of maintaining public order.
Freedman v. Maryland, 380 U.S. 51 (1965). Public officials may not be given overly broad discretion to grant or deny permits or licenses for free speech.
Cantwell v. Connecticut, 310 U.S. 296 (1940). Speech may not be prohibited merely because it offends some listeners.
Kunz v. New York, 340 U.S. 290 (1951). The United States Supreme Court did not allow a permit to include any restrictions on a speaker's right of free expression. Permits may not be used as a prior restraint on free speech activities. Inappropriate or illegal activities may only be punished after they have occurred.
Forsyth County v. The Nationalist Movement, 112 S.Ct. 2395 (1992). A city may not consider the listeners' reaction to a speaker when permitting free speech activities.
Cox v. Louisiana, 379 U.S. 536 (1965). Hecklers may not be allowed to veto a speaker's right of free speech. Police must control a crowd rather than arrest the speaker in order to maintain order. Regulations may be imposed on free speech to control traffic flow.
Gregory v. City of Chicago, 394 U.S. 111 (1969). Peaceful marching, chanting, and singing is protected by the First Amendment.
Grayned v. Rockford, 408 U.S. 104 (1972).
Free speech expression may be regulated for noise content in appropriate places
such as hospitals or schools while classes are in session. The general test is to ask whether
the expressive activity is basically incompatible with the normal activities of a particular
place at a particular time. Unamplified speech is permissible for "public preachers" in public.
POSTSCRIPT:
If you are involved in public preaching, you may want to print this documentation and carry it with you with certain parts of it highlighted to indicate your rights to officers who show up at the scene with a preconceived notion it will be easy to run you off. That is the easy way out for them. It brings closure to any complaints the department has received if you depart, however the Lord said: "RESIST THE DEVIL AND HE WILL FLEE FROM YOU."
It is not my intent to say police officers are serving the Devil, neither was Saint Peter a servant of the Devil when the Lord rebuked him saying: "GET BEHIND ME SATAN."
Even Christian police officers would rather you would leave the preaching scene of their jurisdiction. It embarasses them at the police department to have sinful officers accuse them of allowing you to do what they think ought not to be allowed in this backslidden nation.
Show the officers at the scene your documentation with dignity and integrity being "QUICK TO HEAR AND SLOW TO SPEAK" and make it appear they might have to attend the tediousness of court hearings on this matter of their violating your Constitutional rights; and you should be able to come to some agreement with them to finish what you were doing.
The problem with so many novice street preaching missions is the craziness of the scene. The style of
shouting and stomping some churches bring from the churches to the street corner really could use
some polish. Instead of preaching and jumping around with a bullhorn or a microphone in your hand,
as though the world were going to come to an end today; stand upright and look people in the eye to
whom your message is directed even if they are just passing by. Enunciate your message clearly with
a raised voice but don't scream and shout and stomp your feet. Who in the world would want to join
with you if they thought they were to become as undignified as you?
May God be with you,
