Mormon church can't bar free speech on plaza sidewalks

By The Associated Press

10.10.02

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Editor's note: Mormon church attorney Von Keetch said on Oct. 10 that the church was "very troubled" by the three-judge panel's ruling and would appeal the decision to the full 10th Circuit and possibly the U.S. Supreme Court.

SALT LAKE CITY — The Mormon church cannot restrict speech on the sidewalks running through its downtown plaza, a federal appeals court ruled yesterday.

Salt Lake City sold the land for the plaza — once a part of Main Street — to the church, but retained easement rights to ensure pedestrian access.

A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver said because sidewalks are a traditional public forum, the city should protect free-speech rights there.

"The city cannot take action that runs afoul of our first and primary amendment," the ruling in First Unitarian Church v. Salt Lake City states. "The city cannot create a 'First Amendment-free zone.' Their attempt to do so must fail."

The American Civil Liberties Union and the First Unitarian Church in Salt Lake City sued after the Church of Jesus Christ of Latter-day Saints imposed rules restricting protests, demonstrations and other activities on the one-block plaza. A lower-court judge had agreed with the Mormon church and the city that the limits were constitutional.

The Mormon church claims that permitting free speech on the sidewalks would infringe on its right of free expression, but the court found that the church "has no First Amendment right to be protected from public speech."

The Rev. Tom Goldsmith of the Unitarian church said the restrictions were "a major affront to all people who have diverse opinions." He added that he hoped the ruling would be "a wonderful opportunity for healing between Mormons and non-Mormons."

Mormon church lawyers were reading the decision carefully and considering options, said spokesman Dale Bills.

Salt Lake City Mayor Rocky Anderson, a former civil-rights attorney who was not involved in selling the land, said the city would abide by the decision.

After buying the block of Main Street for $8.1 million, the Mormon church turned it into a plaza with fountains, reflecting pools, plants and statues.

Update

Mormon church appeals Main Street free-speech ruling
In appeal to full 10th Circuit, church cites earlier case decided by same court that it claims conflicts with three-judge panel's decision.  10.24.02

Previous

Mormon plaza ruled private property
ACLU loses suit against Salt Lake City as federal judge finds speech can be limited around Mormon church headquarters.  01.03.01

Related

Evangelical Christians arrested on Mormon plaza
Meanwhile, federal appeals court considers dispute over church's efforts to restrict behavior on former city property.  04.09.02

Federal judge, as expected, reverses order on Mormon plaza
Utah court was required to vacate its earlier ruling after 10th Circuit panel decided that church's speech restrictions violated First Amendment.  02.01.03