1. Ban Walk, Ban Speech
Shawn G. Rainbolt
June 15, 2013
HUM/176
Kelly Slater

2. Article 1 is still under attack – still –
after 224 years enforced by law.
If Freedom of Speech is skirted, is it a violation to
the right?
Article 1 is under attack – still –
after 224 years enforced by law.

3. Freedom of Speech, Guaranteed.
• The first 10 articles are earmarked as The Bill of
Rights, guaranteeing every American citizen the
right to bear weapons, protection against illegal
search and seizure, legal representation in court
and other rights; namely, the right to speak… to
anyone.
• Religious organizations, primarily, Jehovah’s
Witnesses have appeared before the US Supreme
Court to help shape this law for every citizen’s
benefit.

4. Jehovah’s Witnesses in the Legal Arena
• Known for their worldwide preaching activity,
Jehovah’s Witnesses have shaped Article 1 by
appealing their cases to higher courts.
• By 1988, over 140 “Right to Religion” and “Right
to Speech” cases were sent to the US Supreme
Court to be ruled. Nearly, 50 cases were decided
in favor of Jehovah’s Witnesses.
• The understanding of Article 1 is the result of this
organization’s determination to legalize their
preaching activity.
• Not everyone one feels gratitude.

5. Homeowner’s Association: An
Encroachment to Speech
• Many Homeowner’s Associations (HOA) enact
bylaws that prohibit non-community residents
from entry into a neighborhood.
• One bylaw prevents parking at the curb, in order,
to walk up to a home or speak to a resident;
while another requires dogs to be carried and not
walked.
• Primarily, HOA bylaws prevent other residents
from walking or driving into HOA communities
with intent to speak to HOA residents.

6. Abuse of Power
• 57 million Americans are in HOA controlled
communities.
• HOA have abused their power by fining residents
for not cutting their grass to 2 ½ inches instead of
3 inches.
• In gross circumstances, some residents lose their
homes by not abiding to the HOA menial bylaws.
• Discriminatory HOA bylaws have influenced city
ordinances.

7. Village of Stratton, Ohio
• Village of Stratton, Ohio singled out Jehovah’s
Witnesses by establishing an HOA city ordinance
that made it a misdemeanor offense to enter or
visit residents. At the same time, other religious
and non-profit groups were permitted entry.
• In 2002, Stratton was ordered to amend city
ordinance to be compliant to Article 1 of The Bill
of Rights.
• This ruling has not stopped other HOA or parts of
the US Government from subverting freedom of
speech.

8. Controlled Access in Puerto Rico
• The Controlled Access Law (CAL) in the
Commonwealth of Puerto Rico, resembles HOA
bylaws that prohibit non-residents from walking
into 33 urban communities, for any reason.
• Restricting access to sidewalks or roadways into
communities imposes limitations to the right of
speech.
• Jehovah’s Witnesses have petitioned the US
Supreme Court for a ruling on this matter.

9. Freedom to Walk & Talk
• Since, 1789, it has been every American’s right to
a freedom of speech.
• For over 50 years, the US Supreme Court has
upheld that right with relation to the right to
proselytize.
• Secondary laws, like Village of Stratton
Ordinance, and CAL of Puerto Rico murk up this
freedom and should be struck down.
• Individual residents can exercise their right to
privacy by posting “No Trespassing” signs without
the need of government interference.

10. A Call For Uniformity
• Without uniformity in government laws, there
will be further intrusions to the right of
speech – or the avenue taken by an individual
or organization to express this right to others.
• Regardless of having legal authority, God’s
authority trumps all man laws (Acts 5:29).
According to Isaiah 54:17: “Weapons formed
against you will have no success.” The Right to
Speech will always be affirmed by God.

11. References
• Vrana, Debra. “The Runaway Power of Homeowner’s Association.”
MSN Real Estate (2009) (http://realestate.msn.com/article.aspx?cp-
documentid=13107752)
• “Defending and Legally Establishing The Good News.” Jehovah’s
Witnesses – Proclaimers of God’s Kingdom (1993)
• Watchtower Bible Tract Society of New York vs. Village of Stratton.
(2002)
(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=00
0&invol=00-1737)
• Watchtower Bible Tract Society of New York vs. Guillermo Somoza
Colombani, Secretary of Justice of Puerto Rico. (2013)
(http://nh.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20
130401_0000086.C01.htm/qx)