Free speech is not solicitation: American Civil Liberties Union

Friday, October 13, 2006 

The American Civil Liberties Union (ACLU) have written in support of the right of advocates against a referendum for a constitutional amendment that would ban gay marriage in Virginia to carry out political canvassing.

Anti-solicitation ordinances were used as the basis to block three persons who canvassed a neighborhood to oppose the legislation, and they were subsequently ordered to leave the area. The gay marriage ban they opposed is on the up-coming ballot for the mid-term election.

"The right of canvassers to enter onto private property to express their views is protected by the First Amendment to the Constitution," said Kent Willis of the ACLU. The First Amendment deals with the right to free speech.

Homeowners can ask persons to leave their property, "but homeowners should not expect the police to remove canvassers from neighborhoods just because they find their presence irritating, or they don't like the content of their message."

Police Chief Connie Novak appears to concur with this view and in an interview stated "If it's a matter of clarifying to my officers, I will certainly do that."

Sources

• "Police Threaten Virginia Marriage Ban Opponents With Arrest" — 365Gay.com, October 12, 2006

• Associated Press. "ACLU tells police chiefs that canvassing is protected" — daileypress.com, October 10, 2006

• Joannah Nwokeabia and Alex Woolridge. "Gay Marriage Ban Clears Senate, Heads to Voters" — Capital News Service, February 2, 2006