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The Ninth Circuit Court of Appeals in San Francisco decided a Freedom of Speech case using subjective legislative motive rather than the facts in the case, Liberty Counsel told the Supreme Court in an amicus brief today. Later this year, the Supreme Court will hear Reed. v. Town of Gilbert, a First Amendment challenge from Good News Community Church, which was denied the right to advertise its church like other businesses or political candidates.

In deciding the case, the Ninth Circuit based its opinion on the fact that the town of Gilbert, outside of Phoenix, did not have an “illicit motive” or a desire “to suppress certain ideas” when it placed tighter restrictions on church signs than on business or political signs. 

This case is far-reaching. Our Bill of Rights is on the line. In the past, the courts have repeatedly denied legislative motive when validating law. In other words, it doesn’t matter whether the legislators meant to restrict freedom of speech; the fact is they restricted freedom of speech. That fact, not their pure or impure motives, is all that is in question.

Read our news release for more details and then head over to our Facebook page to let us know what you think. 

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