In an effort to curb hate speech and regulate flyer distribution, Sandy Springs has approved new ordinances that some say may violate First Amendment rights.
The American Civil Liberties Union and the Georgia First Amendment Foundation both say that the new laws infringe on freedom of speech and freedom of the press.
Flyers and pamphlets containing anti-semitic messages have been distributed in driveways in Sandy Springs and around metro Atlanta over the last several years. According to the Anti-Defamation League, distribution of propaganda has increased since the attacks in southern Israel on Oct. 7, 2023.
During a regular meeting on Monday, city council approved new ordinances that include preventing the hours of door-to-door solicitation and canvassing from 9 p.m. to 7 a.m., and in doing so could make the distribution of local newspaper delivery at, say, 6:50 p.m. illegal.
“That by itself is a violation of the First Amendment,” said Richard T. Griffiths, spokesperson for the Georgia First Amendment Foundation. “The government cannot impose restrictions on when an individual, group, or institution delivers content to others.”
“First Amendment rights don’t end at sundown,” he added.
Additional concerns were raised about vague language in another ordinance regulating proximity between individuals. The new law states that a person commits disorderly conduct if they knowingly approach “another person within eight feet” without consent — for purposes such as protesting, handing out pamphlets, or engaging in harassing conversation.
“If two people are in a public space and one doesn’t want to talk, the other person doesn’t have a right to come closer than eight feet to express views they don’t want to hear,” said city attorney Dan Lee. “It’s a distance the police department believes is adequate to keep people apart.”
But council members and the public questioned how consent can be obtained if a person must stay eight feet away.
Councilwomen Jody Reichel and Melody Kelley voted against the ordinance and said they wanted the city to allow more time to craft better language in the proposed document.
Councilmembers Melissa Mular, John Paulson, Andy Bauman, and Tibby DeJulio voted in favor of the ordinance.
Kelley said that she is concerned that the new law could be “weaponized.”
“I just feel like we could incorporate language that wouldn’t make it so easy to commit this crime,” Kelley said. “There is language out there that could achieve the purpose of not bothering people who don’t want to be bothered, but not compromise any person handing out a flyer …”
Lee said that, despite the language, individuals can get close enough to request consent.
Police Chief Ken DeSimone added that the ordinance would assist law enforcement and referenced a recent circumstance: two individuals carrying pro-Palestinian flags walked through an Israeli event on the City Springs campus green space. He said that was intimidation.
“Councilwoman, you’re Jewish — would that be considered harassment to you?” DeSimone asked Reichel.
“No,” Reichel replied. “I don’t think that would be harassing me. I believe in the First Amendment and in free speech. If I am Jewish and I wear a Star of David and walk by someone who is Palestinian, is that harassment?”
DeSimone said, Yes it would be.
Griffiths emphasized the importance of protecting speech in public spaces.
“The whole point of the First Amendment is to allow people to express their views about other people and issues,” he said.
The ACLU sent a letter to Sandy Springs City Council on Tuesday that further stated that the “First Amendment is the cornerstone of the nation’s laws…”
The letter referred to specific case laws.
“Courts have routinely held that face–to–face communication can be the most effective form of protected speech,” the letter reads.
SaportaReport reached out to attorney Lee with questions about how the ordinance might criminalize ordinary interactions on sidewalks or at a public high school parking lot.
Lee did not respond directly, but city spokeswoman Carter Long said in an email that the ordinance “Aims to balance the rights of individuals to be in public spaces with the need to maintain civility and order… Like all laws, it leaves room for discretion, whether by those invoking the law or law enforcement.”
The ADL helped Sandy Springs draft the ordinance. Eytan Davidson, regional director of ADL Southeast, said he believes the city “got it right.”
“I think city council had a really thoughtful and substantive discussion about the legislation, its intent, and potential unintended consequences,” he said.
Griffiths warned that legal challenges are likely.
“This deeply troubling law will cost the city of Sandy Springs a great deal of money — which taxpayers will pay for — and the city will lose,” he predicted. “There’s plenty of case law that will shoot this down in Georgia.”
