Draper, Utah mulls over "free speech zones"

In preparation for the opening of the Draper, Utah, temple and in light of Prop 8 protests at other LDS temples around the country, Draper city is mulling over an ordinance that would create "free speech zones"--which, in practice, would restrict protesters to demonstrating in city-approved locations.

As Utah civil rights attorney Brian Barnard argues, the proposed ordinance would be unconstitutional:

"Under the First Amendment, the entire country is a free speech zone," he said. "Free speech is supposed to be everywhere — government property, all public streets, all public parks — those are all free speech zones. Restrictions have to be very limited, very finely tuned."

I'm not sure that Mr. Barnard's comments are sufficiently qualified--the entire country is generally a free speech zone insofar as public property is concerned. But his point is nonetheless valid. If Draper city wants to shuffle protesters off of public sidewalks, parks, etc., and confine them to pre-determined "free speech zones," then they're probably violating the First Amendment. Such a broad restriction would almost certainly fail under the application of judicial strict scrutiny.

The ordinance would carry a big stick, too. Violators would be guilty of a Class C misdemeanor, punishable by 90 days in prison or a $750 fine.

The contemplated ordinance also sounds a lot like a move Beijing undertook this last summer during the Olympics--setting up designated protest zones.

Note to Draper: Taking a page from China's playbook is NOT a good idea! The Chinese Communist Party is not known for its delicate handling of free speech issues. The ordinance is a lawsuit--and an embarrassment--waiting to happen.