Does the 1st Ammendment permit an activist to make minors a captive audience?

Question

Here's the deal: The public school (K-8) has a culdesac road used by parents to pick up/drop off their children. There is no more than 10 yards between the drop-off point and the nearest classroom. An activist positions himself, family, and friends so that avoiding him is not an option. He is between the classroom door and the car door. He and his co-activists (family and friends) approach and confront children and their parents with their message. Generally, this message is that public school is bad (his kids are home-schooled,) AND the public school curriculum does not accurately reflect the threat the US faces from the Muslim invaders coming to this country.

Personally, I think he should be allowed to say whatever crazy thing he wants, but this should be done in a manner that does not make minors his captive audience. Is this consistent with a belief in free speech?

Honestly - he's leafletting kindergarteners with anti-Islam propoganda.

http://writ.news.findlaw.com/dorf/20060426.html

Answer 1

If he is going within a certain distance of school property then the school can get a banning order.

Answer 2

This is a great question, and one that doesn't have a straightforward answer. The theory goes like this: In most cases government suppression of speech is forbidden because of the existence of "listener self-help", that is the idea that the listener (or viewer) has some remedy to not listen or to not view the offending speech.

In your case, however, the children don't seem to have any way to "self-help". There is no other way to get to class, so they must be forced to listen to the offensive speech. Cases that have relied on a lack of self-help mechanism have had varying degrees of success, so while I think the kids have a case I don't know if it would go the distance.

However, the school probably has some trespassing law in place and if the guy doesn't have a reason to be there I'm pretty sure he can be removed on those grounds.

Answer 3

My personal opinion with no law background is this. On public grounds/property it's free game. As though he/she were standing on the sidewalk as you try to enter your house or store etc... However, here in Oregon they (protesters/activist/whatever they call themselves cannot obstruct another persons freedom of passage or travel. That is a solicitor cannot stand or move in front of your direction of travel (in this case walking) thus blocking or obstructing your direction or path. Or causing you to divert your intented direction of travel to avoid them. They can stand to the side but thats about it. Personally I think the school board and PTA need to get involved if there is anything they can do. Another item which may help in putting this person elsewhere away from the kids is this. I drive a school bus and I know that safety issues are forefront. If this can be shown to be a safety issue where the kids are endangered because of the drop off zone then I would definately bring it up. I do not want to step on anothers rights and we all have the right to be stupid, some choose to publically anouce it. Perhaps the "happy medium" is that he/she does this outside the drop off zone. Just a thought.

Answer 4

The First Amendment does allow for freedom of speech and freedom to assemble, however there are limits on this freedom. The Supreme Court has ruled that if an activist blocks access to any building, such as a school, they can be arrested. He or she can rally in front of a school so long as the every day functions can still be carried out, such as getting the children into school and being able to teach. If this is being impaired, then they can and should be arrested.

Answer 5

There is no way that I would sit idly by as a parent and allow my children to be approached by an obviously unstable adult. Leafletting school children? That is just morally wrong.
Is this man physically on school property? I would think there should be a buffer zone around schools that would prevent this - you would not let a peaceful band of hippies prophetize the legalization of marijuana at a childs school, so why allow the prophetization of hate against any religious sect to be done?

He has a right to say what he wants - but he has not right to say it to someone elses minor child.

Answer 6

First of all, the Constitution does not decided what age is appropriate for what reason, so he does have a right to do that. And the pamphlets cannot be censored since you don't have to read them. However, did he get a permit from the county or city to protest? Is he on school ground or on government ground? If he is on the school's ground, it is the school's responsibility to call and have him removed. If he is on the government's ground and has a permit, then there is nothing that can be done. If he does not have a permit, then the cops can be called.

Answer 7

Apparently the 1st Amendment permits all manner of activists (radical leftwing teachers) to make minors a captive audience inside the classroom 6-7 hours a day/5 days a week. I'd be more worried about that than the loose cannon out front.

Answer 8

Parents in my opinion are the key. If the child seems to take an interest in what the man is saying then maybe its time to have a sit down with the little one. talk to him/her about what they think on the issue and explain in simple terms about the subject and how you feel. also explain that the man is just one opinion. kids are always a tough issue but in my experience as long as the parent explains it should be ok. to answer your actual question though yes he is in his right in the first amendment to do so. kinda weird especially since most kindergartners probably don't care but to each his own :)

Answer 9

Every American has the right to free speech. NOBODY has the right to be HEARD.

If he is causing a traffic hazard or making threats, it may be possible to have him removed. If not, perhaps the school or parents can figure out a way to drown him out - by piping music through a loudspeaker or blasting car horns, etc.

Answer 10

If he is not standing on school property, it sounds like he is within his rights as a citizen to free speech, unfortunately.

If he IS on school property, of course the school can ban him.

Sometimes such people just want attention. By ignoring them, you are depriving them of their 'soapbox,' as long as everyone ignores them.
Technically, there is nothing stopping a group of parents from making a sheet-sized sign saying "stop preaching hate to our children" that completely blocks the view of him, is there? :)

Good luck!