On The Front Lines
Rutherford Institute Defends Street Preacher Arrested for Urging NC Police to Repent of Their Sins, Insists Police Be Trained in Respecting Free Speech
HOLLY RIDGE, N.C. — The Rutherford Institute has come to the defense of a street preacher who, after calling on police officers to “repent,” was handcuffed, transported in a police car to the City’s law office, detained in County Jail, held on a $500 bond, and charged with disorderly conduct. Jesse Boyd and fellow street preacher Ricky Springer were peacefully exercising their free speech rights in a public park in Holly Ridge, N.C., this year on the Fourth of July when police told them that the small amplifier they were using to spread their message violated the town’s noise ordinance. Although the street preachers complied with the order to turn off the amplifier, police officers arrested Boyd after he declared, “Shame on you officers, this is the USA, not the Soviet Union,” and stated that the officers needed to “repent.” Institute attorneys have asked that Holly Ridge officials train police officers in respecting the First Amendment rights of those whom they serve.
The Institute’s letter to the Town of Holly Ridge is available here.
“If police officers can prevent people from speaking in public parks simply because the speech is perceived as annoying, then the First Amendment has no meaning,” said John W. Whitehead, president of the Rutherford Institute. “Jesse Boyd got it right. It is a great shame for any government agent to be so ignorant of the Constitution, especially the First Amendment, that he not only infringes on a citizen’s rights but does so on the birthday of our nation.”
On July 4, 2012, Jesse Boyd and Ricky Springer were engaged in free speech activity at a public park in Holly Ridge. Springer was preaching with the aid of a handheld amplification device in order to be heard above the din, while Boyd stood nearby recording his presentation. A Holly Ridge police officer, who was allegedly responding to a citizen complaint, approached Springer and informed him that his use of the amplification device was a violation of the Town’s noise ordinance, and that he must therefore turn it off. Springer complied with this order. Boyd then asked to speak with the officer’s supervisor, and complained to the chief of police that the order violated their First Amendment rights. As the officers walked away, Boyd called after them, “shame on you officers, this is the USA, not the Soviet Union,” and stated that the officers needed to “repent.” The officers walked back to the two men and instructed Boyd to go with them, handcuffing him without informing him of what law he had violated. While in police custody, he was not allowed to give his car keys to Springer, leaving Springer stranded at the park until relatives were able to come pick him up. The officers then drove Boyd to the County Jail, where he was finally charged with disorderly conduct. On July 10, the District Attorney dismissed the disorderly conduct charge.
In coming to the street preachers’ defense, Institute attorneys point out that parks, such as the one where Boyd and Springer were preaching, are classic examples of public forums where First Amendment activities are most protected. Furthermore, there are significant constitutional protections for verbal criticism of police officers. Institute attorneys also argue that the noise ordinance invoked is unconstitutionally vague, and allows speech to be stifled merely because it may annoy some member of the public. As the demand letter states: “Such a scheme poses obvious defects under both the First and Fourteenth Amendments of the United States Constitution, as it confirms that unconstitutionally vague and overbroad ordinances are being used by police as a ‘heckler’s veto.’” Institute attorneys are demanding that Holly Ridge revise its noise ordinance, train its police force in better respecting the First Amendment, and pay monetary damages to Boyd and Springer.
