Georgia preacher with permit penalized for sidewalk abortion outreach

A sidewalk preacher who has been peacefully ministering in front of a Georgia abortion facility for years was issued a citation for violating a noise ordinance despite having a city permit.

Key Takeaways:

• Jason Cantrell has been using an amplifier to spread the Gospel message outside an abortion facility for years.

• Though he had a city permit for his sound amplifier, he received a citation after the permit was declared "null and void" due to complaints.

• The American Center for Law and Justice (ACLJ) is now fighting the citation.

The Details:

Jason Cantrell has shared the Gospel message outside a suburban Atlanta abortion business for years. He uses a small sound amplifier to spread his message — and has a sound permit from the City of Forest Park to ensure he's abiding by all city policies.

Despite the permit, on July 31, Cantrell was issued a police citation for “using amplification devices” because officers say he was asked three times to lower the volume of his device.

The ACLJ, which is now representing Cantrell, pointed out that the permit's problematic language allowed officers to declare his permit "null and void."

The permit says, "If complaints are received about noise level, this Permit will become null and void."

"In other words, the city has created a system in which anyone who dislikes a message can silence a speaker simply by complaining," Liam Harrell, Associate Counsel at ACLJ, wrote. "That is not how the First Amendment works."

Cantrell added, "I did everything the city asked. I got the permit, followed the rules, and stayed on the public sidewalk. But as soon as someone complained, they shut me down. I just want to be a voice for the voiceless, and share the Gospel without being treated like a criminal."

Cantrell is scheduled to appear in Forest Park Municipal Court for a hearing on November 12.

Zoom Out:

According to the ACLJ, there is plenty of legal precedent showing why the city's "void upon complaint" permit is unacceptable. It said:

The Supreme Court has long rejected this kind of “heckler’s veto.” In Forsyth County v. Nationalist Movement, the Court struck down a local ordinance that allowed officials to vary permit fees based on how others might respond to a speaker’s message. The Constitution does not allow speech to be restricted based on listener reaction or public hostility.

Likewise, in Saia v. New York, the Court invalidated a law giving police unbridled discretion to grant or revoke sound permits, emphasizing that such schemes invite arbitrary enforcement and censorship.

The Bottom Line:

The citation levied against Cantrell is a misdemeanor offense, but it is the bigger implication against free speech that the ACLJ is fighting. "If cities can revoke sound permits or issue citations based merely on complaints," said the ACLJ, "then every pastor, activist, or citizen who speaks in public does so at the mercy of those who disagree."