Focus on the Family, which opposes unfettered free speech for gay-tolerant viewpoints, digs up a 2001 incident in Britain, in which an antigay street preacher was assaulted and arrested. Focus views the arrest and conviction of the preacher as proof (somehow) that gay tolerance is a threat to free speech.
Focus’ angry recollection of this dated incident is sketchy — intentionally, perhaps, because in this story it turns out that a gay activist prominently defended the incendiary preacher’s free-speech rights.
According to a web site that defends the separation of church and state, Harry Hammond was a 69-year-old antigay fundamentalist street preacher (now deceased) who intentionally violated a British law against brandishing insulting signs and inciting violence in public places.
The preacher concealed his sign while sneaking it into a public square in a neighborhood where gay people reside. A crowd of neighborhood residents and pedestrians slowly gathered as Hammond issued verbal tirades and brandished a sign saying “Stop Immorality, Stop Homosexuality, Stop Lesbianism!” In time, the crowd became furious. Some uncouth individuals in the crowd tossed dirt and water, and someone shoved Hammond, knocking him over.
When police arrived, they asked Hammond to stop insulting and inciting the neighborhood, to take his sign and leave the square. Hammond refused police orders. He was arrested, eventually convicted of violating Britain’s Public Order Act of 1986, and fined 300 pounds plus 350 pounds for court costs. Appellate courts upheld the conviction.
Subsequently, several antigay web sites ranted that a “gang of homosexual thugs” had attacked an innocent preacher and denied him his free-speech rights.
Focus and the other antigay sites neglect to mention that ill-mannered protesters’ “rights” are not constitutionally absolute in Britain and Canada, but rather subservient to the need for civility, good manners, and public order — virtues perhaps not well-understood by the religious right.
Nevertheless, at least one gay activist, Peter Tatchell, came to Hammond’s defense, agreeing to testify on Hammond’s behalf, according to numerous published sources.
Again, Focus and the antigay sites neglect to mention this key fact. And Focus further overlooks its opposition to free speech for gay-tolerant activists in schools, the media, government publications, and the private workplace.
Sue Carroll of The Mirror in London describes Tatchell’s involvement:
For a man given no support when he was beaten up by Mugabe’s henchmen, arrested for his anti-Islamic stance and vilified for his gay rights campaigning he owes this country nothing.
Yet, he has offered his voice to support a man – whose views he detests – in the name of free speech.
It appears that Tatchell — not Hammond, and not James Dobson — is the real hero of this particular story.
ACLU Defends Portales Street Preacher
FOR IMMEDIATE RELEASE:
Thursday, August 4th, 2005
CONTACT:
Peter Simonson, Executive Director, ACLU of New Mexico at 505-266-4622 or (cell) 505-620-0775
Portales–Some deft legal work by the American Civil Liberties Union (ACLU) of New Mexico succeeded in freeing street preacher Shawn Miller from the Roosevelt County jail yesterday. Portales police arrested Miller for disorderly conduct on April 17th because allegedly he was yelling at passing cars. Miller maintains that he was merely “preaching the word of God.”
ACLU Executive Director Peter Simonson said, “Mr. Miller has a guaranteed right to stand on a street corner and proclaim his faith in God to all who pass by. He wasn’t harassing or intimidating anyone. He certainly should not have spent time under lock and key for such a minor incident.”
The ACLU became involved after Miller’s wife, Theresa, sent a letter requesting assistance. She and her two children had been with Miller on the day he was arrested. He was preaching in the lot of an abandoned gas station that is commonly used by street vendors. “I was preaching the word of God and not hurting anybody,” said Miller.
The ACLU’s defense of Miller produced an unlikely collaboration with the American Family Association, a group that is at times at odds with ACLU positions. Attorneys from both groups consulted with each other and Miller, working together to defend him on First Amendment grounds.
“Both organizations are highly principled in their philosophies and policy positions,” said ACLU Staff Attorney George Bach. “Where those principles overlap, we are eager to collaborate.”
Miller was released on bond and still faces charges of disorderly conduct, in addition to resisting arrest.
https://www.aclu.org/ReligiousLiberty/ReligiousLiberty.cfm?ID=18887&c=29
And in two newspapers:
https://www.clovis-news-nm.com/engine.pl?station=clovis&template=storyfull.html&id=12323
https://www.pntonline.com/engine.pl?station=portales&template=storyfull.html&id=5528
Thank-you Mike for explaining what “we” consider good civil manners.Australia (Britain, Canada, keep going… and EnZed, sorry kaiwai!) maintain “archaic” laws against being a public nuisance. Despite that, or maybe because of it, we act as it going into public spaces and “informing” people via a loud megaphone is not free speach but a flippin’ nuisance.For one, it really pisses off the local shopkeeps. For two, it’s hard to have a conversation with a real friend when some lithium-tempered person is yelling about Jesus at 800 decibals. There’s an old police expression that basically goes “Move along then…”People who distribute literature etc are not bothered — the key is whether they intrude on others civic life without invitation.Free speach, sure. No probs. Free not the hear free speach YELLED AT PEOPLE — also a “right”.Having said that, we have an obviously deranged man (with push cart and signs hanging off himself) who turns up each a week (when not medicated) and agressively yells at pedestrians outside the Prahran Town Hall. I’m talking “F” and “C” words on behalf of Our Lord. He is escorted home, gently but firmly. He will be there next week, because a crazy person isn’t (and shouldn’t) be gaoled.Fred Phelps wouldn’t last a minute out here… but he’d be back for another minute, tomorrow.
I’ve also remembered a free speach classic moment.Dear old Prahran Loon Christian was having a bad day. Apart for the megaphone he was follwing people down the street.He is so obviously not in control that no one bothers to deck him.Anyway, he approaches … people enjoying a natter with friends over coffees in sunshine. Megaphone decides “lot’s of people, good location”. And off he starts.A Nun, otherwise enjoying coffee and friends; stands up, walks over and tells him to “eff off” in glass-shattering voice. Admittedly she was Presentation. She also got a cheer and a round of applause. Probably converted more people with one fruity exchange than Loon had done in his lifetime.God, I love Australia!
I’ll merely relate an instance I observed.
This was in the Englischer Garten in Munich, a huge city park slightly to the north of the “old city.” There is a field there where people sun themselves, oftentimes in the nude. Two preachers came along, one American, and another who basically translated into German. They began ranting to the crowd sunning themselves. The crowd were annoyed at the rants and threw them into the brook running through the field. They crawled out of the brook and started ranting again. They were again thrown in the brook. After that, they left.
To paraphrase Ecclesiates (I believe it is), there is a time for every purpose under heaven. And that wasn’t the time.
My wife, our two children, and I had been going for three months to this same abandoned gas station without any incident. We were simply having a quiet Bible study on Sunday morning. The bank across the street is closed. There are two churches (Baptist & Methodist) on opposite corners from us. There is a minimal amount of car traffic and no pedestrian traffic. We are NOT there to be heard. We are simply there trying to let our light shine. We are NOT yelling at anyone because there is no one around. Sure, cars pass and see us, but there is no way we are disturbing them since we are 15 feet away from the sidewalk. This police officer decided to pick on us that day for some unknown reason. Officer Smart, Officer Wilson, and an animal control officer were in the parking lot adjacent to us at about 9:45 and they stayed for about 20-30 minutes. Then they all left. A sheriff’s deputy watched us for about five minutes a week before that day. Many police cars had driven by throughout the previous months WITHOUT incident. Officer Smart then came back at 11:05. I went over to him and extended my hand and said, “What is the problem, officer?” He said, “You need to tone it down.” I said, “I am preaching to my family and we are not bothering anyone. This is free speech and you can not stop me.” He said, “We have been getting phone calls about you pointing and yelling at cars.” I said, “I was not yelling at cars and was not pointing and I was not bothering anyone. This is free speech and you can not stop me. If you have a problem with me being on this property, I will go to the sidewalk.” He said, “I do not have a problem with you being here, you just need to tone it down.” I said, “If you are going to arrest me, I am going to go to the sidewalk because it is public property.” So I went to the sidewalk (for the first time). By this time, Officer Wilson arrived. Officer Smart looked at Officer Wilson as I was walking away to the sidewalk and they both shrugged. I was standing on the sidewalk looking at the officers. Officer Smart said, “Come back here.” I did not want to get arrested for trespassing, so I stayed where I was. I said, “No, I am staying on the sidewalk because it is public property.” He then came towards me. I have seen the TV show “COPS.” I thought it best to get on my knees and put my hands in the air to show that I was not resisting arrest. At this time, a University police officer also drove up. So, there were three police cars at this abandoned gas station, obviously causing much attention and causing people to rubberneck. Officer Smart came and handcuffed me and took me to his car. I said, “There are drug dealers and bars in this town and people getting killed, but that’s ok, I’ll gladly be arrested for preaching the Gospel.” When I got to his car, I asked, “Why am I being arrested?” He said, “For disorderly conduct and obstruction. You can not walk away from me if I am asking you questions.”
Dear Shawn,
Good news:
The D.A. issue a “nolle prosequi” in your case, which means she “will no further prosecute” it (you may hear it called a “NO LE PROS”). More informally, it is generally taken to mean that a district attorney either did not feel pursuing the case was in the interest of justice or that there wasn’t enough there substantively to pursue it. Technically, they retain the right to re-charge you at some point, but that is highly unlikely in your situation.
I can fax you a copy of the document if you need – and will mail you one today.
At some point, I will take a look at the NM law to see when exactly, we can also request that your arrest record be expunged so that you are not dealing with even that in terms of background checks. But for now, you are currently free of all charges, pending trials, bail, etc.
I have various meetings this evening, but please give me a call tomorrow at work or let me know when a good time to call you is.
Best regards,
George Bach
Staff Attorney – ACLU of New Mexico
P.O. Box 566 Albuquerque, NM 87103-0566
(505) 243-0046 FAX: (505) 266-5916
thank you for offering such a great site!
roger