UPDATE: On August 14, 2020, a federal judge for the Middle District of North Carolina granted the plaintiffs' motion for a preliminary injunction, disallowing a sheriff and local officials from prohibiting protest near the Confederate monument on the Historic Courthouse grounds. Click here to read our statement.

The American Civil Liberties Union together with a coalition of civil rights groups filed an emergency lawsuit against the city of Graham, North Carolina, seeking to immediately block a city ordinance that the government used to suppress protests against racism, police brutality, and white supremacy. The city most recently used the ordinance to quash protests against the city’s only Confederate monument. The lawsuit was filed on behalf of the NAACP Alamance chapter and individual protesters.

The ordinance, which mirrors a law the U.S. Supreme Court struck down more than 50 years ago, is one of the most speech-restrictive laws nationwide. It makes it illegal for two people to be outside together, and even one person to walk alone, without a permit for the purposes of protesting or “making known any position or thought.”

The civil rights groups asserted that the ordinance violates the First Amendment and gives the government sweeping discretion to suppress speech based on its content — including on the basis of how listeners are likely to respond.

The lawsuit was filed by the ACLU, the ACLU of North Carolina, the Lawyers’ Committee for Civil Rights Under Law, Scott Holmes and the Lockamy Law Firm, and the Law Office of Thomas W. Cadwallader in federal court for the Middle District of North Carolina. It seeks preliminary relief blocking the city from implementing the order while the underlying First Amendment challenge proceeds.

Date filed

July 2, 2020

Court

U.S. District Court, Middle District of North Carolina

Status

Victory!

Case number

20 CV 00613