Government calls preaching 'clear and present danger'
1ST AMENDMENT UNDER FIRE
Government calls preaching 'clear and present danger'
Appeals court deciding fate of free speech at Liberty Bell
Posted: April 13, 2010
10:36 pm Eastern
By Bob Unruh
© 2010 WorldNetDaily
© 2010 WorldNetDaily
 Liberty Bell engraving that states: "Proclaim liberty throughout the land unto all the inhabitants thereof." |
A panel of judges at the 3rd U.S. Circuit Court of Appeals today heard arguments that free speech should be allowed on public property at the site of the famous Liberty Bell, which itself quotes from the
Bible in stating, "Proclaim liberty throughout the land unto all the
inhabitants thereof."
inhabitants thereof."
The arguments came in a case involving Michael Marcavage, a minister whose work includes street preaching. He was fined and put on
probation for preaching to the public on a sidewalk outside the Liberty
Bell center after a trial in which government prosecutors described his
message and actions as a "clear and present danger."
Bell center after a trial in which government prosecutors described his
message and actions as a "clear and present danger."
The case began in October 2007 when Marcavage, director of the Repent America ministry, was arrested by supervising U.S. Park Ranger Alan Saperstein.
Marcavage ultimately was charged with violating a so-called "verbal permit" and "interfering with agency functions."
A video of the arrest has been posted:
It was Assistant U.S. Attorney Richard Goldberg during the June 2008 trial who argued Marcavage's peaceful preaching presented a "clear and
present danger." Goldberg asked the judge to send a message not only to
Marcavage but to anyone who would stand on public property and share
their beliefs without government permission.
Marcavage but to anyone who would stand on public property and share
their beliefs without government permission.
According to Marcavage, Independence National Historical Park Law Enforcement Specialist Donald Reed recently reaffirmed that free
speech activities are banned on any of the public sidewalks surrounding
the park that align city streets without first obtaining government
permission. Even with a permit, the activities must be confined to a
designated "free speech zone."
the park that align city streets without first obtaining government
permission. Even with a permit, the activities must be confined to a
designated "free speech zone."
"In Philadelphia, the birthplace of American freedom, at the site of the Liberty Bell and Independence Hall, freedom is under attack by the
very government that was established here to protect it," Marcavage
said.
said.
 Liberty Bell in Philadelphia |
"The blessings of liberty that God bestowed upon our nation continue to be lost while the Gospel of Jesus Christ is silenced," he continued.
"If the 3rd Circuit Court of Appeals upholds the ruling and finds that
the federal government can ban Americans from speaking to others on
matters that are important to them in the public forum or without
advanced government permission, then this could very well be the final
nail in the coffin of our freedoms."
the federal government can ban Americans from speaking to others on
matters that are important to them in the public forum or without
advanced government permission, then this could very well be the final
nail in the coffin of our freedoms."
Marcavage told WND that based on their questioning, the three appellate judges – Michael Fisher, Thomas Hardiman and Robert Cowen –
appeared to wonder about the prohibition of a Gospel message when other
protesters with another message were left untouched. He noted
commercial speech also was taking place in the same area where he was
arrested.
protesters with another message were left untouched. He noted
commercial speech also was taking place in the same area where he was
arrested.
"We obviously hope that what they revealed through the very hard questioning will be favorable toward freedom," Marcavage told WND.
He said it is "absurd" that Americans have to fight for the right to speak freely on a public sidewalk near Independence Hall,
where much of the work writing the U.S. Constitution was done, and
adjacent to the exhibit of the Liberty Bell, one of the best-known
symbols of freedom in the world.
adjacent to the exhibit of the Liberty Bell, one of the best-known
symbols of freedom in the world.
Repent America is an evangelistic organization based in Philadelphia whose leaders "know that there is a literal hell and a
lake of fire where the unsaved will burn for all eternity; therefore,
we act upon this truth without reservation and GO OUT into the
communities of America declaring the Word of God and proclaiming the
Good News."
we act upon this truth without reservation and GO OUT into the
communities of America declaring the Word of God and proclaiming the
Good News."
WND reported earlier when Marcavage brought, with the help of private practice attorney C.
Scott Shields, a complaint against the government over the speech
infringement. That case is on hold while the current case is on appeal.
infringement. That case is on hold while the current case is on appeal.
Marcavage was restricted from preaching even though Komen Breast Cancer walkers
were "utilizing the same sidewalk as a forum for expressing their
opinions and viewpoints," court records reveal.
opinions and viewpoints," court records reveal.
"However, Mr. Marcavage was told that he couldn't stand on the … block and express his viewpoint and was instead given a verbal permit
to express his viewpoint in another part of the Independence Mall, far
away from where the Breast Cancer walkers were expressing their
viewpoint," court records said.
away from where the Breast Cancer walkers were expressing their
viewpoint," court records said.
 Michael Marcavage |
Marcavage told WND previously of the danger he believes the court precedent poses.
"If they shut down our ability to speak, they shut down the Gospel; they shut down any message. If the government prevails in this
case, America's experiment in liberty has finally reached its demise,"
Marcavage said.
Marcavage said.
On his blog, Marcavage has noted that such government-mandated "free speech zones" are being established across the country in an effort by
cities, colleges and other institutions to regulate free speech.
The blog cited a 2007 study by the Foundation for Individual Rights in Education, which found 259 of 346 colleges studied maintained such free speech restrictions..
Comment
-
Comment by Sweettina2 on April 15, 2010 at 6:35pm
-
Amen fireguy!
-
Comment by fireguy on April 15, 2010 at 11:36am
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Dang Christians, always trying to be free.
Acts 4:18-20
18 Once again the leaders called in Peter and John. They commanded them not to speak or teach at all in Jesus' name. 19 But Peter and John replied, "Judge for yourselves. Which is right from God's point of view? Should we obey you? Or God? 20 There's nothing else we can do. We have to speak about the things we've seen and heard."
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