ACLJ Files To Dismiss Charges Against Georgia Preacher Who Was Charged After a Leftist Complaint

Jason Cantrell, the street preacher in Georgia who was criminally cited for peacefully sharing the Gospel and a pro-life message outside an abortion clinic (despite having a city permit to do exactly that), is in court. Today, we are taking the next critical step in his defense.

This morning, the ACLJ filed motions to dismiss all charges against our client. These filings make clear that what happened here is not a close call constitutionally. The city’s actions strike at the core of the First Amendment and violate Georgia law, including the Georgia Religious Freedom Restoration Act.

Take action with us and add your name to the petition: Defeat the Left’s War Against Christians.

A Permit Revoked by Complaints Is Not a Permit at All

Mr. Cantrell did everything the city asked of him. He applied for and received a sound amplification permit authorizing him to speak outside of the abortion clinic during specified hours. Yet the city attempted to nullify that permit based solely on complaints from unidentified listeners, without using any objective noise standard or decibel measurement.

As our motion explains, this is a textbook example of a heckler’s veto, something the Supreme Court and the Eleventh Circuit have repeatedly condemned. The Constitution does not allow the government to silence speech simply because some members of the public dislike the message.

As we state in the motion:

The City government attempted to revoke Defendant’s permit on the grounds that the permit was conditioned on not “receiving complaints.” This is a heckler’s veto, something which has been consistently rejected by courts as antithetical to the First Amendment.

The Supreme Court has been unequivocal on this point. In Forsyth County v. Nationalist Movement, the Court held:

Listeners’ reaction to speech is not a content-neutral basis for regulation. Speech cannot be . . . punished or banned simply because it might offend a hostile mob.

That principle applies with full force here. Allowing speech to be shut down whenever complaints are made hands censorship power to whoever shouts the loudest.

Protected Speech and Protected Religious Exercise

The Constitution not only protects Mr. Cantrell’s speech, but also his religious exercise. He was preaching because of a sincere religious conviction and speaking on a matter of undeniable public concern. Georgia law goes even further than federal law in safeguarding religious liberty.

Under the Georgia Religious Freedom Restoration Act, the city must show a compelling governmental interest and must use the least restrictive means if it burdens religious exercise. As our motion explains, mere annoyance to nearby businesses on a busy public roadway does not come close to meeting that standard.

The motion puts it plainly: “There is simply no argument that mere annoyance of nearby businesses, on a busy and noisy street no less, rises to the ‘compelling state interest’ necessary to satisfy the statute.” The Supreme Court has described this level of justification as exceptionally demanding, noting that it is rare for regulations to survive strict scrutiny at all. This case falls far short.

What Happens Next

Our filings ask the court to dismiss the citation outright. The city had no authority to condition Mr. Cantrell’s permit on subjective listener reactions, and it certainly had no authority to criminalize his speech and preaching after issuing him a valid permit.

This case matters far beyond one preacher in Georgia. If the government can revoke speech permits whenever someone complains, then no controversial or unpopular speech is safe. The First Amendment does not tolerate that result, and neither does Georgia law.

The ACLJ will continue to defend Mr. Cantrell and stand against efforts by government officials to silence constitutionally protected speech and religious expression. We will keep you updated as this case moves forward.

Take action with us and add your name to the petition: Defeat the Left’s War Against Christians.