Preacher fights ban on spreading gospel on Atlanta sidewalks

[melm00se]

31. Facts, as presented in the article, are:

1) the man in question was on the public sidewalk
2) There is a Georgia law that allows it (the state) to ban solicitation and other activities on public sidewalks and streets bordering the park when large events are held.
3) The was no evidence/statement as to the state's reasoning just the fact that the police "confronted" the complainant and "detained" 2 of his friends.
4) #2 is being challenged on 1st amendment grounds and based upon the evidence presented, the complainant will more than likely prevail unless the state can prove a compelling reason (like public safety).

Please keep in mind that the courts (the Supreme Court especially) are extremely liberal when it comes to 1st Amendment cases. The state must meet an very high bar to ban the exercise of free speech. It is not sufficient to say "public safety" or "disturbing the peace" or some other rhetorical pablum.

What disturbs me the most is the elastic vision of Constitutionally protected rights that infects many here at DU: "it's only a right when I agree with it".