Constitutional Law

2nd Circuit upholds Vt. cop's action on loud preacher

By By The Associated Press

MONTPELIER, Vt. ? An appellate court has upheld a Vermont ruling dismissing a First Amendment challenge by a sidewalk preacher who was given a warning by Burlington police for being too loud.

The 2nd U.S. Circuit Court of Appeals, in New York, ruled Feb. 14 against William Ray Costello, who was issued a warning by police in 2007 for yelling on Burlington's Church Street Marketplace, in violation of the city's noise ordinance.

A police officer told Costello to lower his voice, but Costello said he had a right to preach the gospel with a loud voice. After being given a written warning, he filed a civil suit challenging the constitutionality of the ordinance.

According to court records, Burlington Police Sgt. John Sgt. Lewis told Costello, ?I?m not telling you that you can?t preach, I?m telling you that you can?t be out here shouting and yelling anything, and disrupting other folks that are trying to use the same space that you are.?

Costello responded that he had a ?right to preach the gospel with a ... loud voice ... to lift up [his] voice.?

Full post as published by First Amendment Center on February 15, 2011 (boomark / email).