Duluth argues free speech doesn't apply at holiday lights display Bentleyville

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cantmakeitup wrote:

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Absolutely nothing. As much as I think that the Fred Phelps types of the world are inconsiderate, insensitive asshats the still have a right to speak their mind in public. They were, however, denied the "right" to attend the funerals (and protest) of those whom they hold so accountable for the state of our world.

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Walter wrote:

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These issues have come up before. Preachers at gay pride get-togethers in Mpls.
What they do is preach on public property just outside the rented public space. What's wrong with that?

JTY wrote:

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What a lot of people keep forgetting is that freedom of speech is not unlimited. Both the fighting words and captive audience rules can come into play when talking about the Fred Phelps protests.

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cantmakeitup wrote:

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If I remember correctly, the last appeals court they ventured in to prohibited them from protesting within a certain distance from the funerals. But if they are on public property and not blocking traffic they are free to protest within the bounds of local law.

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JTY wrote:

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What a lot of people keep forgetting is that freedom of speech is not unlimited.

JTY wrote:

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Once again fighting words and captive audiance rules apply even if on public land.

Walter wrote:

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How does your extreme example apply in this case?
Captive-Audience Doctrine Law & Legal Definition
Captive-audience doctrine refers to a legal principle prohibiting a person from making intrusive speech. It is also known as the captive-audience rule. The rule is recognized under both constitutional law and labor law. Under labor law, the rule prohibits a party to a union election from making a speech on company time to a mass assembly of employees within 24 hours of an election.
However, the captive-audience doctrine does not apply when the unwilling audience is located on a public street or sidewalk because they can avoid the unwanted message simply by walking away or averting their eyes. The captive-audience doctrine can be used outside the residential setting when the degree of captivity makes it impractical for the unwilling viewer or auditor to avoid exposure.[Sabelko v. City of Phoenix, 846 F. Supp. 810, 825 (D. Ariz. 1994)].
http://definitions.uslegal.com/c/captive-audi...

JTY wrote:

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People in a cemetery are not on a public side walk or street.

JTY wrote:

Has it been cleared up if they are on the land being leased to the private orginization, or are they on public land out side that area?

Walt wrote:

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It looks like it's open to the general public including the Preachers. Why discrimimate?
Bentleyville Tour of Lights - "Bentleyville, a free family event for all to enjoy."
http://www.bentleyvilleusa.org/Home/Bentleyvi...

JTY wrote:

Has it been cleared up if they are on the land being leased to the private orginization, or are they on public land out side that area?

JTY wrote:

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Because the private company that leased the land had asked them to stop and then asked the city to remove them.

JTY wrote:

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Because the private company that leased the land had asked them to stop and then asked the city to remove them.

Walt wrote:

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02.Bayfront Festival Park. This includes the entire Bayfront Festival Park Grounds, including the Family Center Building. To inquire about rates and fees, and available dates, please call Bayfront Festival Park Manager.
http://www.secretserviceconcerts.com/bayfront...
Is Bentleyville paying any rates or fees or is the city giving it to them gratis?