A federal judge has blocked a law requiring citizens to obtain approval from certain leaders to protest on state-owned property from going into effect on July 1.
U.S. District Court Judge Henry Wingate on Thursday ruled that a portion of Senate Bill 2343, authored by Senator Joey Fillingane, R-Sumrall, violates the first amendment of the U.S. Constitution.
A segment of the bill, which was set to be implemented into law on Saturday, requires written approval from Public Safety Commissioner Sean Tindell or Capitol Police Chief Bo Luckey prior to any demonstration taking place on a street or sidewalk adjacent to property that is owned by the state.
The legislation became the subject of litigation on June 1 when JXN Undivided Coalition, Mississippi Votes, People’s Advocacy Institute, Mississippi Poor People’s Campaign, Black Voters Matter, and other local community organizers filed a lawsuit claiming the bill violates constitutional rights.
“The City of Jackson already has ordinances in place that require a permit for events on its sidewalks and streets that might impact access to public spaces and require the presence of police – and those ordinances impose serious penalties for failure to comply,” Cliff Johnson, Director of the MacArthur Justice Center at the University of Mississippi School of Law, said regarding the legislation.
“This additional permission requirement is yet another example of many legislators’ disregard of Jackson’s autonomy and apparent distrust of those who enforce the law there, and it tramples on the First Amendment rights of people like our clients who seek nothing more than protection of the freedom to gather peacefully outside government buildings and express their views about what our public officials are up to.”
House Bill 1020, which accompanies SB 2343, is also involved in ongoing litigation and its implementation into law is being delayed.
