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N.Y. Preacher Wins Free Speech Case


The 2nd U.S. Circuit Court of Appeals in Manhattan ordered a federal judge in Albany to declare victory for an Ithaca, New York, minister in a case in where the city of Ithaca selectively used its noise ordinance to silence him in violation of his rights to free speech, equal protection, and freedom of religion.

The court ruled in favor of Kevin Deegan, saying the noise ordinance “cannot withstand constitutional scrutiny.”

Noise Ordinance Enacted

Ithaca’s ordinance, which prohibits speech that can be heard twenty-five feet away, was used to stop Deegan from preaching, when a police officer threatened to arrest him, after a complaint was filed by a local business employee.

Deegan argued that central to his role as a preacher, he needed to be heard from beyond the zone specified by the Ithaca ordinance. Thus, he said, the ordinance effectively silenced him.

Noise Expert Testifies

Alliance Defense Fund (ADF), which represented Deegan in the case, brought in a noise expert who, in testimony before the court, asserted that the 25-foot threshold would outlaw many forms of speech and everyday sounds, including the clicking of high-heeled boots, a small child playing on a structure, a ringing cell phone, and typical conversations.

The appeals court sided with Deegan, saying that the Ithaca noise regulation did not give fair notice that speaking in a voice that could be heard twenty-five feet away constitutes “unreasonable noise.” In its ruling, the court said, “These facts so vividly illustrate that the regulations, as applied, restrict considerably more than is necessary to eliminate excessive noise that we need hardly say more.”

Christian Speech is Also Protected

After the ruling, ADF attorney Nate Kellum issued a statement saying, “Christian speech is not second-class speech. Our victory today helps ensure that religious Americans not only have the opportunity to speak, but the opportunity to be heard as well. We agree with the court’s decision declaring the City of Ithaca’s application of their noise ordinance to our client unconstitutional.”