Freedom of Speech Prevails In Atlantic City Court Case!
(ATLANTIC CITY) In a dynamic decision for freedom of speech rights, on March 5, 2008, Demetrios Stratis, Esq. Vice Chairman of the New Jersey Legal Resource Council, an advisory arm of the New Jersey Family Policy Council, scored a stunning victory for his clients, MICHAEL MARCAVAGE, JAMES DEFERIO, BENJAMIN BLOEDORN, and DAVID BRUNNER, who as professing Christians, held the sincere belief that they discharge a duty to God by publicly communicating the tenets of their religious faith to other people. In order to do so, they travel throughout the state of New Jersey and orally proclaim the message of salvation and distribute religious literature including tracts. The distribution of written literature and oral communication is a primary means by which they communicate their religious beliefs.
On or about August 17, 2007, the clients were on the boardwalk in Atlantic City and attempted to distribute literature and engaged in “street preaching” and evangelism. The Atlantic City Police confronted the Defendants and mandated that they cease and desist from engaging in their constitutionally protected freedom of expression and speech. The clients inquired as to what laws or ordinance they were violating. The police officers did not provide any response other than to charge the Defendants with summonses for allegedly violating City Ordinances which were clearly not designed to prohibit the free speech that the clients were exercising. It was an attempt to thwart the clients Freedom of Expression and Free Exercise rights.
Demetrios K. Stratis, Esq. filed an appearance to defend the individuals. He then filed a Motion to have the charges dismissed because they were exercising their First Amendment Right to Free Speech which is a protected right in public places, including the boardwalk. He alleged that street preaching and evangelism is a fundamental right that is to be protected and held sacrosanct especially in places which have been traditionally forums for free speech. Mr. Stratis said in his brief filed with the court and during oral argument that the “Defendants were engaged in street preaching—evangelizing by communicating the message of salvation through a personal belief that Jesus is the Son of God and died on the cross for sinners. . . . Defendants did no more then engage in constitutionally protected free speech and communicate their message to other members of the public on the boardwalk.” He went on to note that “religious speech is entitled to the utmost protection”.
On Wednesday, March 5, 2008, the Assignment Judge of Atlantic County Superior Court entertained oral arguments on Mr. Stratis’ Motion to Dismiss the Complaints. The Prosecution opposed the Motion. After deliberating, the Court then rendered its decision and agreed to dismiss the charges. An Order was entered to that effect that same day dismissing all of the charges against each of the Defendants. “Judge Valerie Armstrong exercised great judicial understanding of the constitutional rights that we are all entitled to. I am grateful to her and to my clients for their courage to witness to deeply held religious beliefs,” Stratis concluded.
Demetrios Stratis, is vice-chairman of the New Jersey Legal Resource Council, who works in coordination with the Alliance Defense Fund and the American Center for Law and Justice.
