First Liberty Institute

A South Carolina man is seeking legal action after he was forced to obtain a permit to promote his faith on a public sidewalk. Ernest Giardino of Chapin, South Carolina was on a public sidewalk June 20, 2024  holding up a 20 x 24 inch sign that read “Trust Christ He paid the price” on one side and “He Saved Others—Jesus—He’ll Save You” on the other. A police officer stopped him and informed Giardino that he needed to have a permit from the city of Chapin. Giardino was shocked, as he’d carried the sign on the sidewalk for eight months without any incident. He confirmed the rule with the Code Enforcement Officer and the Chief of Police. Furthermore, the permit would only allow him to hold his signs for 30 minutes, and he’d have to change corners every 15.

According to town spokesperson Nicholle Burroughs, the town has required picketers and demonstrators to obtain a permit since 1980. According to Burroughs, such a policy is meant to ensure that demonstrators do not interfere with daily life. “Our goal is to balance the right to free speech with the need for reasonable regulations on the size, placement, and duration of signage, as well as the use of amplification devices. This policy ensures that individuals can still convey their messages while protecting the town’s public spaces from excessive noise, visual pollution, and potential safety hazards,” Burroughs said in a statement.

Giardino, feeling that his First Amendment rights had been violated, sought legal help from First Liberty Institute. “A demonstration permit really should not apply to someone holding up a sign saying ‘Trust Christ, he paid the price,’” said Giardino’s attorney, Nathan Kellum. “No one needs the government’s permission to express their faith in public. The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”

The firm sent a letter to officials declaring the request for a permit unconstitutional. “Permit schemes, like the one found in Chapin, have the effect of freezing speech before it is uttered,” First Liberty said in its letter. “Permit schemes are thus viewed skeptically, being ‘the most serious and least tolerable infringement on First Amendment rights.’” The town has until November 12 to respond.

 

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