Free speech victory in federal appeals court ruling against Missouri ban on demonstrations outside churches

Protesters against the Catholic church won a victory as the 8th Circuit U.S. Court of Appeals ended Missouri’s limits on demonstrations outside of places of worship. The House of Worship Protection Act had banned profane, rude or indecent behavior that would disturb church services. A number of groups with grievances against the church including survivors of abuse by priests had challenged the act on First Amendment grounds. The 8th Circuit found that the act was content-based and as such violated protesters’ free speech rights.  (Courthouse News Service, March 10, 2015, by Joe Harris)

The judges cited Cohen v. California in ruling for the protesters writing that regulating profane and rude speech jeopardizes the free flow of ideas. The judges also said that the government may not suppress ideas simply because they are offensive or disagreeable. (The Washington Post and The Volokh Conspiracy, March 9, 2015, by Eugene Volokh)