Video Shows Fort Worth Cop Ticketing a Preacher for ‘Offensive’ Speech at Pride Event


Video screenshot showing a police officer and a preacher | Illustration: truefaithamerica/Facebook

A Fort Worth Police officer ticketed a preacher in late June, claiming the content of his speech was offensive. This week the Department of Justice’s Civil Rights Division launched an inquiry into the incident to determine if the officer violated the First Amendment.

The widely circulated video of the confrontation shows an officer and a protester during the Trinity Pride Fest on June 27. “If someone is offended by your talking, then we have a problem,” said Officer Sara Stogner.

“That’s a constitutional violation of our rights,” responds David Grisham, a street preacher and retired federal law enforcement officer. The two continue to argue when Stogner asserts, “OK, then I’ll write you the ticket, and we’ll go from there.”

“Wait, you’re going to ticket us for offensive speech?” the cameraman asks incredulously. To which the officer confidently responds, “Yes, absolutely.”

Stogner continues to claim she can ticket the two men for disorderly conduct “if someone complains that your language or what you’re saying is offensive.”  

But that’s not how the First Amendment works, according to legal experts. “The First Amendment does not allow government officials to shut down speech simply on account of it being ‘offensive,'” said Brennan VanderVeen, program counsel at the Foundation for Individual Rights and Expression. “The government can restrict certain types of conduct or restrict noise above a certain volume level,” he continued, but citing someone because people are offended by the content of protected speech is “precisely what the First Amendment does not allow.” 

Grisham was ultimately cited for misuse of a bullhorn during a protest, a citation he argues isn’t supported by the city’s noise ordinance, reports WFAA, an ABC News affiliate. Grisham’s civil rights attorneys announced on July 3 their intent to challenge the citation, arguing Stogner failed to issue a decibel check in accordance with the city’s noise ordinance and Texas code, which presumes an unreasonable noise to be in excess of 85, and instead cited Grisham for “engaging in peaceful and protected speech.” 

In response to growing online backlash, Fort Worth Police Chief Eddie Garcia told WFAA on Monday that his department takes responsibility and is currently instituting department-wide First Amendment training. “We just trained up our command staff again with refresher courses. We’re going to be training our sergeants. We’re going to be training our officers,” said Garcia. “We are not a perfect profession,” he continued, “and officers will make mistakes from time to time.” Garcia did not mention any ways in which Stogner would be held personally accountable or liable. 

“Actively training police officers around First Amendment standards would be a positive step,” said VanderVeen, who added that “government officials being unaware of basic First Amendment standards is a persistent problem.” 

So much so, it seems, the Justice Department is also looking into the incident and has asked the Fort Worth city attorney for information to help the agency determine if an investigation is necessary, reports Fox News. “The Civil Rights Division is committed to ensuring all Americans—regardless of the content or viewpoint of their speech—are protected from unlawful restrictions on expressive activity,” wrote Assistant Attorney General for the Civil Rights Division Harmeet Dhillon.

The City of Fort Worth, Texas, has 30 days to provide the DOJ with further information.

The Justice Department is right to ensure Grisham’s freedom of speech has not been infringed, and doing so is consistent with the agency’s core mission to protect civil rights. But the move stands out against a backdrop of the agency’s alleged First Amendment violations since President Donald Trump took office, including subpoenaing journalists, coercing social media companies to remove immigration officer tracking apps, and attempting to unmask anonymous online critics. 

But for now, Americans can rest assured that the Justice Department can still do the right thing every once in a while.

The post Video Shows Fort Worth Cop Ticketing a Preacher for 'Offensive' Speech at Pride Event appeared first on Reason.com.

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