Ernest Giardino

Ernest Giardino was on a public sidewalk in Chapin, South Carolina on June 20, 2024, holding a 20×24 inch sign attached to a short handle, which read “Trust Christ He paid the price” on one side and “He Saved Others—Jesus—He’ll Save You” on the other side. He had held similar signs on Chapin sidewalks for the previous 8 months without incident. However, on this day as Mr. Giardino was leaving, a Chapin police officer approached Mr. Giardino and informed him that he needed Chapin’s permission to share his message with a sign.

The next day, Mr. Giardino spoke with the Code Enforcement Officer and the Chief of Police in person about this surprising development.  Though cordial, both confirmed the need for a permit for his speech, handing Mr. Giardino a permit application.  The permits limited Mr. Giardino to holding his sign for only 30 minutes.  Additionally, he was advised that he would need to change sidewalk corners every 15 minutes while holding a sign.

However, just like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk without having to navigate a permit scheme like the one enacted in Chapin. That’s why in October 2024 First Liberty sent a letter to city officials informing them of Mr. Giardino’s rights.

First Liberty’s letter says, “Permit schemes, like the one found in Chapin, have the effect of freezing speech before it is uttered.  Permit schemes are thus viewed skeptically, being ‘the most serious and least tolerable infringement on First Amendment rights.’ A prior restraint like Chapin’s ordinance can survive challenge only if it does not delegate overly broad licensing discretion to government officials. Chapin’s permit scheme falls short of this standard, in multiple ways.”

After Chapin continued to restrict Mr. Giardino’s free speech following our demand letter, First Liberty filed a federal lawsuit and motion for preliminary injunction in July 2025.

The complaint argues, “The onerous requirements Chapin imposes on Giardino’s religious speech deters him from engaging in his constitutionally protected expression on public ways.”

Then in September 2025, the United States District Court for the District of South Carolina issued a preliminary injunction blocking Chapin’s unconstitutional ordinance.

“Any ordinance requiring Mr. Giardino to obtain Town approval to hold a sign in public is unconstitutional,” stated Senior Counsel Nate Kellum. “We are grateful that Ernest is now able to return to Chapin and peacefully share his religious beliefs, and we are hopeful the Town will respect the Constitution and adopt a new law that recognizes his right to freely live out his faith in the public sphere.”