Clinton, MS, police attempts to deny Soulforce Constitutionally protected assembly/speech rights

by Matt | March 20th, 2007 |

Please see bottom of this post for an IMPORTANT UPDATE on the situation in Clinton, MS.

On March 22nd and 23rd, the Eastbound Soulforce Equality Ride bus is scheduled to stop in the City of Clinton, Mississippi, in order to visit the campus of Mississippi College, a private Baptist college affiliated with the Mississippi Baptist Convention.

In planning for the stop, co-organizers Stephen Krebs and Enku Ide contacted the Clinton Police Department in order to pre-plan the stop and arrange for security and coordination between the College, the Police and Soulforce.

In talks, the Clinton Police Department, Krebs and Ide worked to organize and coordinate where we could gather in publicly owned areas (land owned by “The People”) in the City of Clinton.

Now, two days before the scheduled stop in Clinton, the Clinton Police Department has sent us certain “restrictions and parameters” which include prohibitions against walking on publicly owned sidewalks as a group (sidewalks are, by definition, already made available to the public for pedestrian use). The Clinton Police are attempting to label us walking down the sidewalk in a group of four (4) or more as a “parade.” Obviously, “parades” occur in a street, a public thoroughfare made for vehicular traffic (thereby constituting the need for a “parade permit”).

Clinton Police Department is attempting to limit the area in which Soulforce can assemble, speak to the media and hold press conferences and vigils. In every area we have requested to do these things, we have planned on using PUBLICLY OWNED land (sidewalks, public right of ways, parks, etc).

In the “Restrictions and Parameters” sent last night, the Clinton Police state (excerpts):

Soulforce will be escorted from their location of lodging to a location selected and controlled by the City of Clinton. Soulforce will be allowed to assemble within the parimeter (sic) of that selected area from no earlier than 9:00am, Thursday, 22 MAR 07 until no later than 12:00 noon, Thursday, 22 MAR 07.

Soulforce will be allowed access to the media at the selected assembly location.

Any attempt to assemble at any location other than that location specifically designated by the City of Clinton will result in the arrests of the violating persons(s).

Any attempt to gather or travel outside of the established assembly parimeters (sic) in a group of four (4) or more by Soulforce members will constitute a violation of the provisions of the Parade / Assembly permit thus causing the permit to become invalid and terminated.

Summarily, the constant and greater necessity for public safety far outweighs the limited inconvenience of a single group whether or not the action is constitutionally protected.

The Clinton Police Department attempted to keep these restrictions from us until the night of Wednesday, March 21st. We were able to receive them, however, last night.

Clearly, many of these restrictions are highly unconstitutional. The City of Clinton Police Department is attempting to violate many provisions of the First Amendment by abridging Soulforce’s freedom to peacefully assemble, Soulforce’s freedom to speak to the media, the freedom of the media and press to speak to us and Soulforce’s freedom of speech.

Just so we can freshen up our knowledge of the Constitution, here is the text of the First Amendment, something that the City of Clinton clearly does not care about:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

UPDATE (10:00pm, 3/20/2007): As of late evening on Tuesday, March 20, 2007, the City of Clinton Police Department has rescinded its “restrictions” placed on Soulforce while we are in the city.

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MattAbout the Author: Matt
Matt, 22, is an LGBT journalist, activist and youth advocate currently living and working in Charlotte, N.C., where he serves as the Editor of Q-Notes, the Carolinas' LGBT news source. A native of Winston-Salem, N.C., Matt attended the University of North Carolina at Greensboro and is still continuing to pursue his bachelors degree. He is the Owner & Editor of InterstateQ.com and has been active in LGBT advocacy work since the age of 14.

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  1. 9 Responses to “Clinton, MS, police attempts to deny Soulforce Constitutionally protected assembly/speech rights”

  2. Do you folks have a lawyer traveling with you (or on speed dial)? It helps to be able to cite case law off the cuff. It really catches them off guard.

    By KipEsquire on Mar 20, 2007

  3. We don’t have one traveling with us Kip, but be assured, we’ve got the law part of it handled (or being handled for us, rather).

    By Matt on Mar 20, 2007

  4. I’m so sorry you guys are having to deal with this. Hopefully things turn out better than this seems to be foretelling.

    By Josh on Mar 20, 2007

  5. Wow. I used to live in Clinton and most of my immediate family does. The cops in Clinton have never been too bright when it concerns rights of people….

    By Brian on Mar 22, 2007

  6. I’m in Clinton. If yall need any help, let me know and I’ll do what I can. It is not exactly the epitome of the Southern small town, but prejudices are still firmly in place.

    By Beth on Mar 19, 2008

  7. haha. oh crap. realized that was last year! and i missed yall coming through!

    By Beth on Mar 19, 2008

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