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 First Liberty sent a letter to city officials informing them of Mr. Giardino’s rights.
“No one needs the government’s permission to express their faith in public,” said First Liberty Senior Counsel Nate Kellum. “The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”
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.”
News Release
For Immediate Release: 10.23.24
Contact: Peyton Drew, media@firstliberty.org
Direct: 972-941-4453
Local Resident Suddenly Forced to Obtain Town Permit for Holding Religious Sign on Public Sidewalk
Town’s attempt to regulate speech and suppress religious expression on a public sidewalk is unconstitutional and an arbitrary overreach, law firm says.
Chapin, SC — First Liberty Institute sent a letter to the Town of Chapin, South Carolina on behalf of local resident Ernest Giardino after he was told a permit was required to hold a sign and share his faith on a public sidewalk.
You can read the letter here.
“No one needs the government’s permission to express their faith in public,” said First Liberty Senior Counsel Nate Kellum. “The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”
Ernest Giardino was on a public sidewalk at the intersection of Old Lexington Road and Chapin Road 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.
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.”
###
About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Drew at media@firstliberty.org.
Giardino Signs
FOX NEWS DIGITAL ARTICLE:
South Carolina man told he needs a permit to hold a sign about his faith on public sidewalk
 |
|
|
CASE SUMMARY
PRESS RELEASES
LEGAL DOCUMENTS
PHOTOS AND VIDEO
