PRESS RELEASE
FOR IMMEDIATE RELEASE Contact: Anthony Rothert, Legal Director 314-652-3114 tony@aclu-em.org
ACLU Victory Against Columbia
Speech Restrictions Affirmed
ST. LOUIS, March 22, 2007 - The
Eighth Circuit Court of Appeals today
affirmed a lower court’s permanent injunction prohibiting the City of Columbia and the nonprofit corporation known as Memorial
Day Weekend Salute to Veterans from restricting expressive activities at Columbia’s annual air
show. The American Civil Liberties Union
of Eastern Missouri brought the case on behalf of Columbia residents who wished to carry signs
and distribute leaflets at the air show.
Last February, federal District Judge Nanette K. Laughery had issued a
permanent injunction against the city and Salute to Veterans requiring them to
permit signs and leafleting.
“Government restriction of free speech is always
dangerous. We are gratified that the
court agreed that the city cannot declare its air show a no-free-speech zone,”
said Brenda Jones, executive director of the ACLU of Eastern Missouri.
The Eighth Circuit agreed with the ACLU that Salute to
Veterans acted as an agent of the government when it prohibited certain types
of speech at the air show. “Since Salute
and the city were knowingly and pervasively entangled in the enforcement of the
challenged speech restrictions, we conclude that Salute was a state actor when
it interfered with appellees’ expressive activities,” wrote Judge Diana E.
Murphy on behalf of a unanimous court.
Judges Morris S. Arnold and Duane Benton joined Judge Murphy’s decision.
The case sets an important precedent according to the
ACLU. “The court recognized that this
was a case in which the government was prohibiting speech. The government cannot be relieved of its obligations
under the First Amendment simply by purporting to turn authority over to a
nonprofit organization,” said Tony Rothert, legal director for the ACLU of
Eastern Missouri.
Bill Wickersham and Maureen Doyle
were represented by ACLU cooperating attorneys Marilyn S. Teitelbaum and Stacey
A. Aschemann, both of the firm Schuchat, Cook &
Werner in St. Louis.
To learn more and to read the Eighth Court Opinion: Wickersham v. Columbia
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