by Travis Weber, J.D., LL.M.
September 22, 2014
Today, Family Research Council filed an amicus brief with the U.S. Supreme Court in the case of Reed v. Town of Gilbert.
In this case, a Gilbert, Arizona sign ordinance discriminated against certain signs based on the content of the signs — whether they were political, ideological, and directional. Directional signs were placed under more severe restrictions.
A local church — Good News Community Church — and its pastor — Clyde Reed – needed to announce the times and locations of their services, but because their announcement signs (which directed individuals to a public school were services were being held) were deemed directional, the church was severely hampered in getting its message out.
Pastor Reed and Good News Community Church sued to vindicate their constitutional rights. The lower courts ruled against them, so they have now taken their case to the Supreme Court.
In our brief, filed in support of Pastor Reed and Good News Community Church, we argue that the town does regulate signs differently based on their content, for politics, ideology, and directions are all matters of differing content. Well-established Supreme Court jurisprudence bars content-based restrictions on speech unless the government can meet strict scrutiny — which says that unless the government regulation advances a compelling government interest, and this is done in the least restrictive way possible – the government regulation cannot stand. We conclude that because there are content-based restrictions on speech in this case, the Supreme Court should send this case back to the district court to determine if the town can meet strict scrutiny.
A win for Pastor Reed and Good News Community Church in this case will help advance a strong interpretation of First Amendment free speech rights, which is good not only for small congregations like Good News Community Church, but for all who wish to speak free from government interference. Ensuring an open marketplace of ideas in which all voices are protected and can speak freely is what the First Amendment is all about.