June 04, 2003
Freedom of Preach Redux
This week's Portland Mercury has a look at a conflict (one I've done here previously) between free speech and control of the city's parks:
At one time or another, Edward Gathright has offended just about everyone. The perennial street preacher patrols Pioneer Square, shouting down women for their promiscuity and condemning gays to hell. But, as it turns out, Gathright may also be the city's foremost crusader for free speech rights.
Over the past few years, Gathright and his venomous message have been kicked out of Pioneer Square and the Waterfront Park six times. But a few months ago, District Court Judge Ancer Haggerty determined that the city's permitting process is unconstitutional. Now the city is appealing that decision.
For it's part, the city insists that the holders of a permit for an events in a city park have an absolute right to control the speech activity occurring in that park during the event.
Gathright's attorney, however, argues that if permit holders want to kick out people being outright disruptive, that's fair game -- but to kick someone out purely on a speech basis crosses the line.
As I said last time around, I'm with Gathright on this one.