We are thankful to live in a nation that still allows us to share the Gospel message. Yet, we understand that there are reasonable limits to how we express ourselves. For example, no one would think it reasonable to proclaim a message on loudspeakers at three o’clock in the morning in a quiet residential neighborhood. It is important for Christians to understand the nuances of the law in this matter.
The most protected forum for witnessing is known as the public forum. Citizens have virtually guaranteed access to a traditional public forum, which includes public streets, sidewalks, parks, and other places where citizens traditionally gather to exchange ideas. The United States Supreme Court has ruled that “Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. The privilege of a citizen of the United States to use the streets and parks for communication of views…must not…be abridged or denied.”
While protecting free speech in public forums, the Supreme Court also ruled that free speech must work together with “peace and good order.” First Amendment free speech rights are not considered to be harmed if regulations about time, place, and manner are adopted by appropriate governmental agencies. For example, the Court allows municipalities to disallow public speech after 10:00 P.M., in the middle of a street, or above a certain decibel level.
Limitations on free speech become more difficult to understand when you consider places that are not part of the traditional public forum. For example, do owners of private property have the right to limit who speaks on their property? Can speakers have unlimited access to military bases? Are there restrictions for distributing Gospel tracts in shopping malls?
One faithful lady wanted to distribute tracts at a government-sponsored children’s event, but she was not sure if was permissible. As it turned out in this particular case, the event was sponsored by the government, but it was a public event that allowed all people to share ideas and distribute information.
If you have questions about your right to witness, you may want to read our resource titled Witnessing in Modern America, in which our attorneys spell out the details of the law. And always feel free to contact our offices if you need clarification about this detailed issue. The legal missionaries of the Christian Law Association are privileged to help you exercise your right to witness, and we will continue our work to ensure that the Gospel message can be circulated freely in this great land.