A religious-liberty group is challenging a state law that appears to violate the First Amendment by banning “unwanted” words.
The Thomas More Society is representing the Christian Action League of Minnesota, which was slapped with a temporary restraining order that halted a postcard campaign informing advertisers of a local alternative newspaper City Pages that the publication promotes strip clubs, porn stores and phone sex.
R. Leigh Frost, who advertises in the City Pages, was granted the order against the Christian group after receiving one of its postcards spotlighting the seedy ads, claiming harassment.
Frost cited a Minnesota law that defines harassment, in part, as “unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target.”
The order was issued by a court without even a hearing to allow the Christian group to comment.
The restraining order was dismissed at a recent hearing, but Thomas More is going further, challenging the constitutionality of the law.
“The problem with that statute is it basically allows the government to issue a restraining order on unwanted words,” explained Erick Kaardal of the Thomas More Society.
“And this is a severe restriction on First Amendment activity because it bans all unwanted political speech.”
The postcard simply informed advertisers that the metro Minneapolis-St. Paul paper also promoted the adult sex trade and invited advertisers to reconsider their support.
The Christian Action League of Minnesota says it exists to educate citizens regarding the destructive nature of sexual exploitation and pornography addiction and to equip communities with resources to combat its devastating effects on children and families.
‘Just the first step’
Ann Redding, president of the Christian Action League, said its campaign against the City Pages advertising has been halted because of the problematic law.
“I’m happy with the fact that [the order] is dismissed,” she said. “But this is just the first step, and there’s work to be done so this type of situation doesn’t happen again.”
The league explains its objective is to help people addicted to pornography. It believes local advertisers might want to know they are sharing advertising space with “purveyors of porn.”
Thomas More’s Kaardal explained the group “engaged in protected political speech under the U.S. and Minnesota Constitutions concerning matters of public concern – pornography, sexual exploitation, and sexually oriented businesses.”
A postcard and email informed Frost and her law firm that their ads in the City Pages were supporting pornography, he said.
“The same communications requested that Frost consider ceasing advertising with City Pages. Instead of considering the request, Ms. Frost ran to the courthouse for a restraining order to curtail political speech,” Kaardal said. “And the harassment order has chilled the League’s political speech for fear of future prosecutions by other businesses advertising in the City Pages.”
