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Attorney General says no violation of First Amendment rights over paper sign restrictions

Tennessee Special Session
Posted at 6:57 PM, Aug 24, 2023
and last updated 2023-08-24 19:58:30-04

NASHVILLE, Tenn. (WTVF) — Attorney General Jonathan Skrmetti said that a temporary restraining order to allow 8x11 signs in the Tennessee House should immediately end, according to a court filing on late Thursday.

Skrmetti argued that the women who got removed from a House committee earlier this week didn't need "drastic relief."

The Attorney General wrote the argument in the representation of House Speaker Cameron Sexton, Chief Clerk Tammy Letzler, Sergeant of Arms Bobby Trotter and Matt Perry, the colonel of the Tennessee Highway Patrol.

Chancellor Anne Martin filed a temporary restraining order that will allow the signs until Sept. 5, which will be far past when special session concludes. The order means signs are allowed in the House gallery in the capitol and the Cordell Hull meeting rooms. Skrmetti said the court abused its discretion and the women didn't establish that sign regulation that violated their right to freedom of speech.

"The House, by contrast, can only conduct its business in the committee rooms and on the House floor. It is imperative that the House be able to do so free from undue interference — whether from disruptions or hasty order from a court," Skrmetti said.

This all stems from a lawsuit filed early Wednesday morning by the American Civil Liberties Union of Tennessee, which asked a Davidson County judge to block the Tennessee House from enforcing a newly adopted rule that prohibits protesters from displaying small signs during legislative proceedings.

The lawsuit was filed in Davidson County Chancery Court on behalf of three women who want lawmakers to pass serious gun reforms, including Nashville mother Allison Polidor, who was removed from a House subcommittee Tuesday for holding a small sign.

That sign read: "1 KID > ALL THE GUNS."

"Signs, and the action of silently holding them, are forms of speech and are protected under the First Amendment," the lawsuit argues.

It's not clear on Thursday night whether the judge will consider ending the order to allow the signs.

Phil Williams contributed to story.


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