Sparta, Tennessee has a censorship ordinance on the books that threatens one of the oldest forms of American political speech: handing out pamphlets.
The city’s code bans distributing handbills that contain “blasphemous” language, material deemed “offensive to public morals,” or speech that merely “tends” to cause disorder. It also prohibits anonymous flyers, requires paid leafleters to obtain government permits before distributing handbills, and restricts materials that advocate “disloyalty” to the United States government.
These provisions directly conflict with the First Amendment.
The Supreme Court has long held that the government cannot punish speech simply because it offends religious beliefs or expresses unpopular ideas. Viewpoint-based censorship — targeting speech because of the ideas it expresses — is one of the most serious violations of free speech. And pamphleteering has been a core form of political advocacy since the nation’s founding.
Yet Sparta’s ordinance remains on the books today, chilling speech and leaving residents wondering whether exercising their constitutional rights could lead to punishment. One Tennessee resident who wants to distribute pamphlets about the separation of church and state now faces that very uncertainty.
You can read more about the ordinance and why it’s unconstitutional in our blog and letter to the Board of Mayor and Aldermen.
Sparta’s leaders must bring the city’s laws into line with the Constitution.
Tell the Sparta Board of Mayor and Aldermen: Repeal this unconstitutional ordinance and protect the First Amendment.
