On The Front Lines
Rutherford Institute Attorneys Appeal to U.S. Supreme Court on Behalf of Street Preacher Arrested While Peacefully Preaching
WASHINGTON, D.C.--Attorneys for The Rutherford Institute have filed a petition with the United States Supreme Court in defense of the First Amendment rights of C. Stephen White, a street preacher who was arrested on three separate occasions while peacefully standing on public sidewalks in the City of Philadelphia and preaching a Christian message. Institute attorneys charge that White was arrested without probable cause and in violation of his constitutional right to free speech.
"Sidewalks and parks are traditional places for persons to exercise their fundamental right of expression, especially speech that is religious in nature," said John W. Whitehead, president of The Rutherford Institute. "What is at stake in this case is the sacrosanct right to free speech."
C. Stephen White is the president of the inner-city mission Victory Center Outreach, a religious organization that feeds and helps the poor, teaches the Bible, and does evangelism and discipleship. In three separate incidents in 1999, 2000 and 2001, White was arrested for disorderly conduct and obstructing a sidewalk. The first two arrests occurred while White was preaching on a public sidewalk near where the annual "Greek Picnic" was being held within the City of Philadelphia. He was also carrying a banner proclaiming a Christian message.
According to the petition, the arresting officer believed White had the right to walk and carry the banner but arrested him for disorderly conduct when the crowd around him became unruly after he stopped and preached. White's 2000 arrest arose after a crowd that had gathered to hear him speak began complaining about his message. As a result of the crowding on the public sidewalk, police charged White with obstructing a public passage. White was again charged with obstruction in 2001 while preaching near St. Joseph's University. He subsequently filed a lawsuit alleging that the arrests violated his constitutional rights under the First Amendment's protection of free speech and under the Fourth Amendment's prohibition on arrests without probable cause.
In asking the Supreme Court to review the case, Institute attorneys argue that police had no grounds for arresting White because the statute under which he was charged specifically excludes sidewalk obstruction based upon a crowd gathered to hear a person speak. Institute attorneys also contend that police failed to try other measures to control the crowd and instead resorted to preventing White from exercising his fundamental right to speak in a public forum.
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