A San Diego man faces jail time after using chalk to write slogans on a city sidewalk including “No thanks big banks” and “Shame on Bank of America.” (Reuters, June 27, 2013)
San Diego mayor criticized the city attorney for prosecuting the man saying that the chalk could be removed and that it was a political protest. The city attorney demurred stating it was a clear case of graffiti vandalism. (Los Angeles Times, June 29, 2013, by Tony Perry)
The judge in the trial which was to begin on Friday, June 28 has already thrown out the First Amendment defense saying the testimony should only concern whether the man committed vandalism. (New York Daily News, June 27, 2013, by Beth Stebner)
Eugene Volokh of the Volokh Conspiracy, July 1, 2013, considers the constitutionality of banning chalk messages on sidewalks, noting that given rulings on the issue, the ban had to be applied in a content-neutral way. -db