Court of Appeal to Weigh Ban on Constitution Distribution Th
Court of Appeal to Weigh Ban on Constitution Distribution This Week
Pacific Justice Institute
Is it constitutional to stop civic-minded citizens from passing out copies of the Constitution? That's the irony confronting justices of the California Court of Appeal this week.
A three-justice panel in Sacramento will hear arguments Friday in a case that has a Taxed Enough Already (TEA) Party group at odds with library officials in Redding. Last year, a Superior Court judge in Redding ruled against the officials in their efforts to prevent the TEA Party from passing out copies of the Constitution and related literature. The city appealed to the Third District Court of Appeal in Sacramento. Although the appellate court typically prefers to decide cases based on the written briefs, the court requested both sides to present oral arguments as well in this case.
The TEA Party group is being represented by Timothy Pappas as an affiliate of the Pacific Justice Institute. PJI President Brad Dacus commented, "It is the height of absurdity when the government tries to stop citizens from distributing the Constitution. As we have just celebrated Constitution Day this week, we are hopeful that the Court of Appeal will affirm the lower court and uphold common sense by allowing good citizenship to continue."
The Third District's oral argument calendar is scheduled to begin at 9:30 AM this Friday at its downtown Sacramento location. Both Mr. Pappas and PJI Chief Counsel Kevin Snider will be available to the media immediately following the proceedings.
©2012 Pacific Justice Institute
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