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Thursday, September 30, 2004

Individuals Can't Be Required to Obtain Speech Permits

So rules the 6th Circuit Court of Appeal in a case involving a street preacher who had attempted to verbally express his religious beliefs on public property. What's real interesting about this case, though, is that no determination was made as to why it is acceptable for the State to require groups to obtain a speech permit, but not individuals.

In a dissent, Judge Deborah Cook said she thought the state's rules for use of the Statehouse grounds were appropriate because they regulated the time, place and manner of speech but not the content of the message.

Ohio Attorney General Jim Petro was considering whether to appeal the decision, spokeswoman Kim Norris said.

"We continue to maintain that there is no principal difference between individual speakers and groups on the grounds of the Statehouse," Norris said. The Capitol Square Review and Advisory Board regulates use of the Statehouse grounds and approves permits.

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