On The Front Lines
The Rutherford Institute Succeeds in Protecting Michigan Residents' Right to Distribute Religious Literature in Public Park
MACKINAC, Mich.--Attorneys for The Rutherford Institute have successfully protected the First Amendment rights of two Michigan residents, Bryan and Linda Beckwith, to distribute religious literature and speak to visitors in Mackinac Island State Park.On June 14, 2003, officials at Mackinac Island State Park in Michigan tried to prevent Linda and Bryan Beckwith from distributing religious tracts, displaying a religious banner and engaging passersby in conversations about Jesus Christ. Park officials informed Mrs. Beckwith that she was not permitted to speak to park guests on the sidewalk; Mr. Beckwith was told that he was required to obtain a permit for the banner that he was holding. After informing the Beckwiths at least three times that their expressive activity was prohibited for various reasons, park officials ordered the couple to vacate the public sidewalk. Believing that the park's policy discriminated against their constitutionally protected right to free speech, the Beckwiths contacted The Rutherford Institute. Institute attorneys promptly contacted park officials, explaining that public parks and sidewalks constitute traditional public forums for expression and that the Beckwiths have a firmly established First Amendment right to engage in expressive activity in such venues. In response to the Institute's concerns, the Acting Director of Mackinac State Historic Parks acted quickly to remedy the situation by formally reprimanding the park employee who sought to curtail the Beckwiths' activities, issuing a written apology to the Beckwiths, and promising future employee training to ensure a better understanding of protected-speech activity. In a related matter, Institute attorneys have filed suit in U.S. District Court for the Southern District of Indiana on behalf of a minister and church member who were prohibited by Lebanon City Parks and Recreation officials from handing out religious literature in a public park. Institute attorneys also recently reached a settlement on behalf of Carmine Sauchelli, of Bayville, N.J., who was unlawfully prohibited by county officials from handing out religious material in a local park. The settlement called for Ocean County to amend its park expression regulations to allow lawful religious literature distribution.
"The right to speak, leaflet and assemble in public parks and other public places must be vigorously defended against government officials who believe that persons who may cause offense must be silenced," said John W. Whitehead, president of The Rutherford Institute. "If citizens have a 'right' to speak their minds only behind closed doors, there are no rights left at all."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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