Like the Constitution’s framers, the ACLU
maintains that freedom of speech and expression, including the right to
protest and petition the government, are fundamental to a democratic society.
(For information about free speech as it relates to gay-positive viewpoints,
please see our page on LGBT equality;
for information about free speech and expression in schools, please see
our page on student rights.)
Learn
about national ACLU’s work to support free speech >>
Press Releases - Litigation
Legal Advocacy and Policy Work
Legislative Reports - Resources - Events
Your Right To Protest In Salt Lake City >>
Challenging Patents On Cancer Genes
Updated 4/17/13 - On April 15, 2013 the ACLU argued before the Supreme Court that patents on two human genes associated with breast and ovarian cancer, BRCA1 and BRCA2, are invalid. The lawsuit was filed on behalf of researchers, genetic counselors, women patients, cancer survivors, breast cancer and women's health groups, and scientific associations representing 150,000 geneticists, pathologists, and laboratory professionals. The lawsuit, Association for Molecular Pathology v. U.S. Patent and Trademark Office, was filed against the U.S. Patent and Trademark Office, as well as Myriad Genetics (a Utah based company) and the University of Utah Research Foundation which hold patents on those genes. It charges that patents on human genes violate the First Amendment and patent law because genes are "products of nature" and therefore can't be patented.
Read more >>
First Amendment Concerns Result In Letter to Gov. Herbert Urging Veto of H.B. 44
Posted 3/20/13 - The ACLU of Utah has delivered a letter to Governor Herbert asking him to veto H.B. 44, "Election Polling," saying it violates the First Amendment because it compels disclosures that chill political speech. The bill would require disclosure of the person who pays for a poll regarding a candidate or ballot proposition and impose a fine for failure to disclose.
Read the letter (PDF) >>
The Civil Liberties Minute - Once Upon A Time, In Our Mothers' House…
Posted 2/14/13 - A copy of "In Our Mothers' House" was very unhappy when it was moved behind the counter of a Utah elementary school library—and so was the ACLU.
Listen to the 1 minute audio podcast produced by the ACLU of Massachusetts >>
Brigham City "Free Speech Zone" Ordinance Lawsuit Settled After City Repeals Ordinance
Posted 2/11/13 — The Main Street Church of Brigham City has settled its lawsuit challenging Brigham City’s “Free Speech Zone” Ordinance. The suit alleged that the Ordinance violated the Utah and United States Constitutions because it required a permit for almost any conceivable form of public expression and imposed civil and criminal penalties for failing to comply. The ACLU of Utah filed the suit on behalf of Main Street Church after the City relied on the Ordinance to bar the church from passing out pamphlets on certain sidewalks during the Brigham City LDS Temple Open House. After the lawsuit was filed, the City agreed to allow a limited number of Main Street Church representatives to pass out pamphlets on all sidewalks. Brigham City later repealed the Ordinance entirely. That repeal cleared the way for the out-of-court settlement the parties reached.
Read the full press release >>
After Returning Book to Shelves, Utah School District Agrees Not to Remove Library Books Containing LGBT Content
Posted 1/31/13 - In the wake of its decision to return “In Our Mother’s’ House,” a book about a family with same-sex parents to the shelves of elementary schools, Davis School District in Utah has agreed to never again remove the book based solely on its content. The agreement settles a lawsuit filed by the American Civil Liberties Union and the ACLU of Utah on behalf of a mother with children in the district that had remained pending after the book’s return.
Read the press release >>
Davis School District Returns Children’s Book About Lesbian Parents to Library Shelves
Posted 1/14/13 - Davis School District has returned a children’s book about a family with same-sex parents to its library shelves following a lawsuit filed by the American Civil Liberties Union and the ACLU of Utah on behalf of a mother with children in the district.
Read more >>
What happens if you flip the bird to a police officer?
Posted 11/29/12 - ACLU of Massachusetts attorney, Bill Newman, explains on this "Civil Liberties Minute" podcast.
Listen to the 1 minute podcast produced by the ACLU of Massachusetts >>
ACLU of Utah Settles Claim Of Man Stopped And Cited For "Flipping The Bird" At Orem Police Officer
Posted 11/15/12 - The ACLU of Utah has successfully settled a freedom of expression case in Orem City. On June 25, 2010, Seth Dame "flipped the bird" at an Orem City police officer who was driving by. The officer then stopped the car Seth was riding in and questioned Seth and the others in his car for about 20 minutes. The officer then issued a disorderly conduct citation against Seth for "flipping the bird" at him. Orem City later declined to prosecute the citation. After hearing from Seth, the ACLU of Utah contacted Orem City to inform them that the officer had violated Seth's rights under the First and Fourth Amendments. The ACLU of Utah also conducted an investigation into the Orem Police Department's practices in issuing disorderly conduct citations.
Read more >>
Davis School District Sued for Removing Children’s Book About Lesbian Parents from Library Shelves
Posted 11/13/12 - The American Civil Liberties Union and the ACLU of Utah filed a lawsuit against the Davis School District after elementary schools in the district were instructed to remove a children’s book about a family with same-sex parents from library shelves. The lawsuit was filed on behalf of a mother whose children attend one of the schools where the book was restricted.
Read more >>
Free Speech For All Returns to Brigham City
Posted 9/14/12 - As of yesterday evening, representatives of the Main Street Church have been peacefully handing out their literature on the public sidewalks surrounding the LDS Temple. The Main Street Church agreed to limit the number of its representatives to four on each side of the street. This agreement does not suspend the lawsuit filed against Brigham City. Main Street Church and the ACLU of Utah have not conceded that any past enforcement of the ordinance was constitutional. They also continue to contend that the ordinance is unconstitutional on its face and that it should be completely struck down by the court.
Read more >>
ACLU of Utah Appeals Ogden's "Gang Injunction" To Utah Supreme Court And Requests Immediate Stay
Posted 9/12/12 - The ACLU of Utah, together with cooperating attorneys David Reymann of Parr Brown Gee & Loveless and Randy Richards of Allen, Richards & Pace, today filed a Notice of Appeal in the Second Judicial District Court for Weber County appealing the court’s so-called “gang injunction” to the Utah Supreme Court. The ACLU of Utah also requested that the district court suspend the enforcement of the injunction while the appeal is pending. The injunction purportedly applies to the “Ogden Trece” gang as an entity, covers virtually the entire city of Ogden, and prohibits more than three hundred of its alleged members from a wide range of constitutionally protected conduct, including associating with other alleged members (including family, friends, and co-workers), engaging in peaceful protests in public places, traveling together to vote, and even appearing in court together to challenge the injunction.
Read more >>
Salt Lake Tribune: ACLU will appeal Ogden Trece gang injunction >> (9/12/12)
ACLU of Utah Files Complaint Challenging Brigham City's Unconstitutional "Free Speech Zone" Ordinance
Posted 9/11/12 - Today, the ACLU of Utah filed a complaint on behalf of the Main Street Church of Brigham City challenging Brigham City’s “Free Speech Zone” Ordinance. The suit alleges that on its face, the ordinance violates the Utah and United States Constitutions because it requires a permit for almost any conceivable form of public expression and imposes civil and criminal penalties for failing to comply. This ordinance could subject many unsuspecting people in Brigham City to liability for engaging in activities protected by the First Amendment.
Read more >>
Deseret News: Brigham City banned church flier distribution near new Mormon temple, lawsuit says >> (9/11/12)
Salt Lake Tribune: ACLU lawsuit: Speech restrictions at Mormon temple unconstitutional >> (9/11/12)
Davis School District Restricts Access To Library Book Raising Constitutional Concerns, - Looking for Parents of Elementary Students in Davis School District
Posted 8/17/12 - As you may recall, we've been investigating the District's removal of the book "In Our Mothers' House" from the shelves of school libraries and requiring parental permission to check it out. For school administrators to place restrictions on a library book because they disagree with its message is viewpoint discrimination, and violates the First Amendment. We would like to speak to parents with children at Parkside Elementary School in Clinton, Windridge Elementary School in Kaysville, Snow Horse Elementary School in Kaysville or South Weber Elementary School in South Weber, where the book was removed.
Read more >>
Your Right To Protest and Other Free Speech Activities
Posted 6/29-12 - The First Amendment protects many forms of expression, including the right to participate in demonstrations, protests, and other types of “symbolic speech.” You have a constitutionally protected right to engage in peaceful expression in “traditional public forums. ” Come learn about your rights involved in protesting and other free speech activities.
Read more >>
ACLU of Utah Reaches Out To Davis School District To Discuss Constitutional Requirements
Posted 6/12/12 - Today the ACLU of Utah sent a letter to Superintendent Bryan Bowles of the Davis School District to request a meeting to discuss the constitutional implications of the district’s recent removal of the book “Our Mothers’ House,” by Patricia Polacco, from the shelves of a school in the district. In the letter, the ACLU of Utah pointed to several cases in which courts have ruled that the First Amendment prevents schools from limiting student access to library materials containing portrayals of LGBT people and noted that this situation is factually similar to those cases.
Read more >>
Utah Federal Court Protects Free Speech By Restricting Internet Law
Posted 5/18/12 - People cannot be prosecuted for posting content constitutionally protected for adults on generally-accessible websites, and are not required by law to label such content that they do post, U.S. District Judge Dee Benson held yesterday. Judge Benson’s order was issued in a lawsuit challenging a Utah law that threatened the free speech rights of online content providers and Internet users. Plaintiffs included a Utah artist; trade associations representing booksellers, publishers, graphic and comic books, and librarians; and the ACLU of Utah.
Read more >>
Ogden Standard Examiner: Judge sides with free speech advocates in limiting Utah Internet law (05/18/12) >>
Press Releases
ACLU of Utah Reaches Out To Davis School District To Discuss Constitutional Requirements (6/12/12)
Utah Federal Court Protects Free Speech By Restricting Internet Law (5/18/12)
Court Asked To Stop State From Enforcing Utah Law Regulating Internet Speech (4/12/12)
ACLU OF Utah Seeks To Enjoin Statute Regulating Internet Speech (4/12/12)
Booksellers, Artists, ACLU Seek to Bar Utah Law Restricting Speech on Internet (6/8/11)
Unconstitutional UDOT Restrictions on Free Speech Result in Lawsuit (5/2/11)
UACDL Files Amicus Brief in Support of ACLU's Motion for Expedited Appeal of Ogden "Gang Injunction" (10/18/10)
ACLU Of Utah Files Petition Seeking Immediate Review Of Weber County "Gang Injunction" (10/4/10)
Proposed Sale of Manti Street Raises Significant First Amendment Concerns (8/25/10)
School District Revises Unconstitutional Policies, Allows Formation of Gay-Straight Alliances (4/26/10)
Judge Permits Challenge to Utah Harmful to Minors Act to Proceed (11/29/07)
Utah Supreme Court Decision Restricting Certain Free Speech Violates First Amendment (11/25/09)
ACLU of Utah Asks the Utah Supreme Court to Invalidate
State Tax Law That Censors Free Expression (11/16/07)
ACLU
joins lawsuit challenging raids of concerts and violation of free
speech: Utah court’s ruling upholding use of 12-hour ordinance
is disappointing, says ACLU (9/26/05)
Federal lawsuit challenges
unconstitutional restrictions on Internet speech (6/9/05)
Draper
City repeals unconstitutional campaign sign ordinance (10/22/04)
ACLU
of Utah files suit challenging Draper’s unconstitutional campaign
sign ordinance (9/14/04)
ACLU
files Main Street Plaza appeal (5/21/04)
Plaza
guards bounce students (and ACLU director) (3/25/04)
Free speech triumphs in Ogden, Utah: Second
District Court overturns city’s ban on core political speech on
private property (10/1/03)
ACLU
returns to court in controversy over free speech in Salt Lake City’s
“Main Street Plaza” (8/7/03)
Tenth
Circuit ruling remains: Main Street Plaza easement is a public forum and
church’s restrictions on speech are unconstitutional (6/23/03)
Utah Supreme Court Declares State’s Criminal Libel
Statute Unconstitutional (11/15/02)
Tenth Circuit Court of Appeals Reverses District
Court Decision on Main Street (10/9/02)
In
a Letter to the Editor, ACLU Clarifies its Work in Free Speech Case (6/25/02)
Tenth Circuit Court to Hear Arguments Regarding
the Constitutionality of the Main Street Plaza Restrictions (3/14/02)
Utah Supreme Court to Hear Arguments Regarding
Utah’s Criminal Libel Statute (3/12/02)
Court Declares Utah’s “Commercial Terrorism” Statute Unconstitutional (10/10/01)
ACLU Withdraws Appeal of Official English Decision;
Cites Court’s Reading of the Statute as “Largely Symbolic” and Attorney
General’s Positive Step (9/4/01)
ACLU of Utah Files Brief in Case Challenging Constitutionality
of Main Street Plaza Restrictions; Relies on Recent Federal Appeals Court
Decision (8/13/01)
ACLU
of Utah Clarifies Its Olympic Work (6/17/01)
ACLU
of Utah Asks the Tenth Circuit Court of Appeals to Review the Constitutionality
of the Main Street Plaza Restrictions (6/4/01)
ACLU
Federal Lawsuit Challenges H.B. 322 New Commercial Terrorism Statute (4/2/01)
Utah
Judge Rules English-Only Statute Does Not Prohibit Government Employees
from Using Languages Other than English (3/6/01)
Litigation
iMatter Utah v. Utah Department of Transportation
(2011)
Florence v. Shurtleff
(2011)
Weber v Ogden
(2010)
Bushco v. Utah State Tax Commission (2009)
Uprock v. Tracy (2006)
Kinter v Cache County (2005)
Merkey v. Yahoo SCOX (2005)
Utah Gospel Mission v. Salt
Lake City Corporation (2005)
Larsen
v. City of Draper (2004)
Ogden
City v. Bruce Edwards and Bruce Edwards
v. Ogden City (2003)
First Unitarian Church v. Salt Lake City Corporation (2003)
Citizens of Nebo School District v. Weaver (2003)
State of Utah v. Ian Michael Lake (2002)
B. L. Brereton v. Salt Lake County (2002)
B.
L. Brereton v. Taylorsville City Corporation (2002)
B. L. Brereton v. Holladay City Corporation (2002)
B.
L. Brereton v. Draper City (2002)
Mobile Media on the Go v. Salt Lake City Corporation (2002)
Van Gorden v. Utah State Fair (2001)
Utah Animal Rights Coalition v. State of Utah (2001)
Alvarez v. State of Utah (2001)
Guido v. Utah State Fair Corporation (2000)
East High Gay/Straight Alliance v. Board of Education (2000)
East High School PRISM Club v. Cynthia L. Seidel (2000)
Slevin
v. Salt Lake County Fair (1999)
Legal Advocacy and Policy Work
Utah Federal Court Protects Free Speech By Restricting Internet Law (5/18/12)
Bill To Force Feed Inmates Would Violate Constitutional and International Rights (3/19/12)
Radio Show Features Discussion About Occupy SLC Crackdown (11/17/11)
Salt Lake City Overreacts By Shutting Down Occupy SLC Encampment (11/16/11)
ACLU of Utah Asks School Superintendents to Confirm that LGBT Students Will Not be Excluded from School Dances (11/8/11)
Protecting The Right Of Occupy SLC To Peacefully Assemble (10/13/11)
Amended Lawsuit Against UDOT Over Continued Unconstitutional Restrictions on Free Speech (7/14/11)
Booksellers, Artists, ACLU Seek to Bar Utah Law Restricting Speech on Internet (6/8/11)
"I [HEART] BOOBIES": Under Pressure, Granite School District Lifts Ban On Breast Cancer Awareness Bracelets (12/21/10)
ACLU of Utah Seeks to Intervene in "Gang Injunction" Case (9/9/10)
Revised Proposed Salt Lake City anti-panhandling ordinance still threatens First Amendment rights. (8/10/10)
Proposed
Salt Lake Panhandling Ordinance Could Limit Free Speech (10/6/09)
ACLU of Utah comments on proposed regulations for free speech activities on Capitol Hill (10/2/06)
In a letter to UDOT, the ACLU of Utah outlines veteran’s First Amendment right to solicit support for the withdrawal of American troops in Iraq by walking the length of U.S. 89 (9/20/06) (Read UDOT’s response)
Sandy City ordinance revised to protect First Amendment rights (9/6/06)
ACLU
of Utah commends Utah Senator Bob Bennett for opposing the flag desecration
amendment and encourages him to remain strong in his opposition (4/26/05)
In
an open letter to a state employee, the ACLU of Utah outlines her rights
to hang a DRAC flag in her office space and the unconstitutionality of
Utah’s Abuse of Flag statute (2/17/05)
Letters to Orem City, Riverdale,
Roy City, and Weber
County regarding their unconstitutional campaign sign ordinances (8/24/04)
Letter to the Salt
Lake City Police Department regarding a request under the Governmental
Records Access and Management Act (GRAMA) (8/11/03)
The
ACLU of Utah challenges fees for speaking at Virgin town council meetings (11/6/02)
ACLU
of Utah Urges South Salt Lake City to Reconsider Unconstitutional Ordinance (4/26/02)
ACLU
of Utah Sends Public Records Request to Get Copies of Videotapes of Olympic
Legal Observers (4/4/02)
ACLU
of Utah Asks Davis County to Address Searches of Legal Observers (4/3/02)
ACLU
of Utah Writes Salt Lake City Council Members About Proposed Ordinance
Prohibiting Masks (1/18/02)
ACLU
of Utah Writes Salt Lake City Police Department and UOPSC About Legal
Observers During the Winter Olympic Games (1/9/02)
ACLU
of Utah Writes Farmington City About Its Proposed Ordinance for Free Expression
Activities (12/7/01)
ACLU of Utah Responds to Summit County (11/30/01)
ACLU of Utah Asks Summit County to Clarify Its
Free Speech Plans (10/12/01)
ACLU
of Utah Comments on Salt Lake City’s Plans to Accommodate Free Speech
During the Olympic Games (9/10/01)
Letter
to Mayor Ross Anderson Asking for Clarification of Salt Lake City’s Proposal
to Accommodate Free Speech Activities During the Olympic Games (8/10/01)
ACLU
of Utah Asks the LaVerkin City Council to Repeal the United Nations Free
Zone Ordinance (7/17/01)
Letter
to Mayor Ross Anderson and Salt Lake City Police Chief Rick Dinse Outlining
our Position on Free Speech Activities During the Olympic Games (6/4/01)
Letter to the University of Utah Requesting Information
Regarding their Permit Process (10/16/00)
From Our Legislative Reports
2012 Legislative Report - 1st Amendment
2011 Legislative Report - 1st Amendment
2010 Legislative Report - 1st Amendment
2009 Legislative Report
2008 Legislative Report
2007 Legislative Report - Internet Speech
2007 Legislative Report - Right to Protest
2007 Legislative Report - Student Clubs
2006 Legislative Report - Student Clubs
2006 Legislative Report - Material Harmful to Minors
2005 Legislative Report - Right to Protest
2005 Legislative Report - Internet Speech
2004 Legislative Report - 1st Amendment
2003 Legislative Report - Pledge of Allegiance
2002 Legislative Report
2001 Legislative Report
2000 Legislative Report
1999 Legislative Report
1998 Legislative Report
Resources
Your Right To Protest In Salt Lake City >>
Celebrating the Freedom to Read - Banned Book Week (September 2010)
Recent Supreme Court
Decision Bolsters ACLU of Utah’s Arguments in Main Street
Case (July 2005)
Information
About the Main Street Plaza Cases (Updated April 2005)
School Uniforms (August 2002)
Progressive News: View from the American Civil Liberties Union of Utah -- Free Speech and the Winter Olympic Games (Fall 2001)
The Olympic Committee and Trademark Infringement (November 2000)
Protest Watch: From the Ministerial Conference of the World Trade Organization to this
Year’s Political Conventions (Fall 2000)
ACLU of Utah Opposes Ballot Initiative A "English as the Official Language of Utah" (Fall 2000)
ACLU of Utah Supports Freedom of Speech for Conservative Republicans (Fall 1998)
SLAPP Suits: South Jordan Activists Face a Unique Threat to their Right to Petition the
Government (Summer 1998)
Alcohol Advertising: Utah Does Not Toast the First Amendment (Summer 1998)
Events
Constitutional Rights in the Balance: Challenging the Ogden Gang Injunction (3/02/09)
Banned Books Week Opening Reception & Panel Discussion (9/30/10)
"Shouting Fire: Stories from the Edge of Free Speech" and Post Film Discussion (10/6/09)
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