Government Can’t Charge You to Speak out
The Center for American Liberty has filed a federal lawsuit on behalf of Minnesota resident Bryan Conwell, challenging the City of Benson’s unconstitutional efforts to silence peaceful speech on public property.
Conwell, a Christian evangelist and advocate for the preborn, was peacefully standing at a public farmers market on city-owned property holding a sign expressing his religious beliefs. He wasn’t blocking traffic, disrupting the event, or selling anything. He simply stood in one location and spoke with people who voluntarily approached him.
Instead of protecting his constitutional rights, city officials demanded that Conwell register as a commercial vendor and pay a $20 fee before he could exercise his First Amendment rights. When he refused to pay for permission to speak, police cited him for criminal trespass. When he returned the following week and again peacefully exercised his constitutional rights, the City cited him a second time.
“The more you come back, the more citations you’re going to get,” an officer told Conwell.
A Price Tag on Free Speech
The First Amendment protects every American’s right to peacefully express their beliefs in public forums. Government officials cannot require citizens to purchase permission before exercising those rights.
Yet according to the lawsuit, city officials conditioned Conwell’s ability to engage in protected speech on paying a vendor fee designed for commercial sellers—even though he wasn’t selling goods or services.
The lawsuit alleges that the City improperly used its police powers and trespass laws to remove a peaceful speaker from public property simply because he refused to pay.
The complaint also challenges the City’s sound ordinance, which requires private citizens to obtain a permit before using sound amplification. According to the complaint, city officials admitted no permitting process actually exists, leaving government officials with unchecked discretion over who may speak and who may not.
Defending the First Amendment
The lawsuit alleges multiple violations of the United States Constitution, including:
- Freedom of Speech
- Free Exercise of Religion
- Viewpoint Discrimination
- Prior Restraint
- Unconstitutional Fees on Speech
- Unbridled Government Discretion
The Center for American Liberty is seeking declaratory and injunctive relief to stop the City of Benson from enforcing unconstitutional restrictions on peaceful expression and to reaffirm that government cannot charge Americans a fee, require permission, or threaten criminal prosecution simply because they choose to exercise their First Amendment rights.
“The First Amendment doesn’t come with a price tag,” said Mark Trammell, CEO of the Center for American Liberty. “Government officials cannot force Americans to buy a license before they peacefully express their beliefs on public property. If they can silence Bryan today, they can silence anyone tomorrow.”
Why This Case Matters
This case extends far beyond one individual or one city in Minnesota. If government officials can require a citizen to pay a fee before peacefully holding a sign on public property, every American’s First Amendment freedoms are at risk.
The Center for American Liberty is committed to ensuring that constitutional rights are protected for all Americans—regardless of their viewpoint—and that no government can put a price on free speech.