Free Speech.

From http://www.repentamerica.com/pressreleases/wcucase.html



EVANGELIST TO STAND TRIAL FOR MINISTERINGON PUBLIC SIDEWALK; FEDERAL LAWSUIT FILED 3/3/06


WEST CHESTER, Pa. - Chester County District Court Judge Mark Bruno decided at a preliminary hearing on Tuesday (2-28-06) to hold Michael Marcavage over for trial on a charge of “Defiant Trespass” for his refusal to surrender his constitutionally protected rights while ministering on a public sidewalk near a Pennsylvania college campus. In October of last year, Repent America director Michael Marcavage was standing on a public sidewalk with a sign displaying the reality of abortion next to the state campus of West Chester University during the organization’s annual pro-life evangelism tour. In response, university officials ordered campus police to issue the ministry director a trespassing citation for not submitting to its permitting process, which requires that a registration form be completed and approved two hours in advance before any expressive activity can be conducted on or near the public campus.

The permit process violates constitutionally protected rights under both the Pennsylvania and United States Constitutions. During the preliminary hearing, prosecution argued that Marcavage violated the university policy by not registering and giving two hours notice before engaging in expressive activity. C. Scott Shields, Marcavage's attorney, argued that there is no merit to the “Defiant Trespass” since the policy is facially unconstitutional because it prohibits anonymous and spontaneous speech on public property, and therefore, the case should not go to trial.

After hearing argument, Judge Bruno decided to hold Marcavage for trial, releasing him on a $1,000 unsecured bond and ordering that he not return to the campus for ministry or for any other reason. The case is now headed to a jury trial, which could result in up to a year in prison and a $2,500 fine. “I am completely disappointed by this decision because it appears as though this district justice believes that a constitutional defense does not apply in his court," Shields stated. "We have already filed a habeas corpus petition to have the charges dismissed, and are seeking the removal of the bail condition, which prevents Mr. Marcavage from returning to campus for ministry. This is an unconstitutional prior restraint on my client's right to engage in expressive activity on public property,” he continued. "You would think that government would have learned by now that citizens have a right to engage in such activities, however, we are still arguing about these issues in court," Shields concluded. In addition, a federal lawsuit has been filed to challenge the university’s unconstitutional permitting policy, including a motion for a preliminary injunction to immediately prevent campus police from interfering with constitutionally protected activities.

The lawsuit declares that the policy violated Marcavage’s freedom of religion, right to peaceably assemble, as well as infringed on his right to free speech. "If Mr. Marcavage was standing next to a classroom building discussing a recent West Chester sports event, this would be acceptable," the lawsuit states. "However, if Mr. Marcavage happened to mention to the person that abortion is the killing of a child and is sinful, or simply handed the person some literature, he would be in violation of the policy."

###► Please contact Chester County District Attorney Joseph W. Carroll and urge him to stop using the criminal courts to suppress the Word of God and to immediately end the illegal prosecution of Michael Marcavage by completing this form or by e-mailing him at JCarroll@chesco.org ► Please also contact Chester County District Court Judge Mark Bruno by writing: Hon. Mark A. Bruno, 720A E. Market St., Suite 130, West Chester, PA or by calling (610) 431-4814.
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