The ACLU of Florida is warning that proposed new free-speech rules in and around the State Capitol buildings pose a threat to constitutional rights and give Capitol Police the power to silence views they disfavor.
The state Department of Management Services (DMS) is proposing updated rules that govern free expression in various buildings, including the fourth-floor rotunda and the Capitol Courtyard. On Thursday, the department held a public hearing to gain more input on the proposals.
“The impact of the proposed rules is to provide clarity on procedures and requirements for use of the Capitol and other pool facilities,” Debbie Hall, the DMS spokeswoman, said in an email to the Florida Record. “DMS routinely examines all of its rules in accordance with Florida Law. …”
The ACLU, however, contends the new rules would empower police to cite people for criminal trespass at the Capitol based on the likelihood that a group is causing a disturbance that could impede official duties in the future.
In addition, prohibitions on “loud or unusual noise” or indecent visual displays also would violate the First Amendment, according to the ACLU of Florida.
“The proposed rules as written are unconstitutionally overbroad and vague and would chill a vast amount of speech protected under the First Amendment,” Kara Gross, the ACLU of Florida’s legislative director, said in a prepared statement. “This is the latest attempt by Florida’s elected officials to censor speech and silence viewpoints they disagree with under the false pretense of protecting children.”
The rules would give police unrestricted discretion to decide which kinds of speech are allowed and which can be barred in the public areas of the State Capitol.
“With such discretion, officers can eliminate any expression they disfavor while permitting expression that supports their personal views – or those of the public employees working in the affected areas,” Gross said. “This viewpoint discrimination is not permitted even in a nonpublic forum.”