9th Circuit OKs city's ban on holiday displays, says 'heckler's veto' doctrine doesn't apply
A blanket ban on unattended displays at public parks imposed by a California city did not unconstitutionally suppress the free speech rights of a community group known for its tradition of December nativity scenes, a federal appeals court has ruled.
By repealing an exception that had allowed the Santa Monica Nativity Scenes Committee to use the parks, the city of Santa Monica “did no more than treat all potential displays equally,” said the 9th U.S. Circuit Court of Appeals in a Thursday opinion (PDF) written by Judge Jay Bybee.
In a clash between those with differing religious views, atheists who objected to the nativity scenes flooded a winter display lottery system set up by Santa Monica with applications in recent years, leading to the city’s decision to ban all unattended displays.
The committee had argued that the ban violated the First Amendment, because it was enacted in response to objections by atheists to the committee’s expression of religious beliefs. However, the court said the so-called “heckler’s veto” doctrine was inapplicable because the display ban applies to all speech.
The Associated Press and the Los Angeles Times (sub. req.) have stories.
See also:
ABAJournal.com: “‘Tis the season for lawsuits over holiday displays”
