1st Amendment and Free Speech/Confiscated Campaign Sign

Advertisement

Expert: - 8/7/2009


Question
I am running for Governor of Georgia.  On two occassions police in Carrollton, Ga confiscated my main campaign sign citing it as obscene. The sign has a picture of a decapitated fetus and states that if elected I will outlaw abortion.  How best can I defend my right to decide what campaign information I present to the public?
This youtube video documents the sign confiscation:
http://www.youtube.com/watch?v=DEpeZdo3A6E

Answer
Hello,

Your best bet may be to sue the police in court for violating your rights of free speech.  There have been a number of similar cases.  I know there was one last year in California where the 9th Circuit held that pictures of aborted fetuses were protected speech.  Of course for a determinative legal opinion, you would want to speak with an attorney.

There are a number of groups that may be interested in providing representation without charge.

You may want to contact groups like the Center for individual rights www.cir-usa.org or the American Center for Law and Justice www.aclj.org to see if they are interested in helping you to bring a suit.

- Mike  

1st Amendment and Free Speech

All Answers

Answers by Expert:

Ask Experts

Volunteer

Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

©2012 About.com, a part of The New York Times Company. All rights reserved.