A South Carolina man has been informed that he requires authorization to display a sign expressing his religious beliefs on a public sidewalk.
A permit was required for Ernest Giardino to display a sign with the message 'Trust Christ He paid the price'.
In his town, a man from South Carolina was informed that he required a permit to display a sign expressing his religious beliefs on a public sidewalk.
In South Carolina, Ernest Giardino, a local resident of Chapin, was required to obtain a permit to hold a sign and discuss his faith in public. In response, the First Liberty Institute (FLI) wrote a letter on his behalf, asserting that he has the right to do so under the Constitution. FLI argued that the town's efforts to regulate speech and suppress religious expression on a public sidewalk were not only unconstitutional but also evidence of "arbitrary overreach."
On a public sidewalk in Chapin, Giardino held a 20x24 inch sign with the message "Trust Christ—He paid the price" on one side and "Jesus Saved Others—He'll Save You" on the other.
For eight months, he had displayed similar signs on Chapin sidewalks without any problems, but on June 20, 2024, a police officer informed him that he needed Chapin's permission to display his sign and message.
""First Liberty views permit schemes with skepticism, as they are seen as the most serious and least tolerable infringement on First Amendment rights, which can freeze speech before it is uttered," the organization stated in its letter."
"The letter states that a prior restraint like Chapin's ordinance can only survive a challenge if it does not delegate excessive licensing discretion to government officials. However, Chapin's permit scheme fails to meet this standard in several ways."
After being informed that he needed a permit, Giardino discussed the matter with the Code Enforcement Officer and the Chief of Police. They both confirmed that he would need to obtain a permit, which would restrict him to holding his sign for only 30 minutes. Additionally, under the permit, he would have to change sidewalk corners every 15 minutes while holding his sign.
"According to First Liberty Senior Counsel Nate Kellum, no one requires government permission to publicly express their faith. The First Amendment serves as permission for individuals to peacefully share their religious beliefs on public sidewalks, just like any citizen in any city in America. The ordinance of Chapin is overly broad, unconstitutional, and must be repealed or enjoined."
FLI maintains its stance that Giardino is not subject to Chapin's permitting requirement and has requested the town to provide written confirmation by November 12, 2024, that Chapin will no longer restrict his free expression on public sidewalks through permit requirements.
Chapin town officials were not immediately reached for comment by Planet Chronicle Digital.
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