BY PATRICK CHRISTOPHER
MINNEAPOLIS - Supporters of the right to free speech won an important victory here October 28. Federal District Judge John Tunheim placed a temporary injunction on the enforcement of three ordinances that have been used by the city of Minneapolis to challenge the right of supporters of the Socialist Workers to set up street tables, sell the Militant newspaper, and post leaflets. The injunction means campaign supporters in Minneapolis can continue such activities while the constitutionality of these three anti-free speech ordinances are reviewed.

On August 31, Doug Jenness was given two citations while campaigning for Jennifer Benton, the Socialist Workers Party candidate for mayor of Minneapolis. Jenness was cited for posting a leaflet on a lamppost and for selling the Militant newspaper without a permit from the city council. Each of the charges carries a maximum fine of $700 and up to 90 days in jail. The citations were given by a Minneapolis cop working off-duty for the Uptown Association, a group of local business and property owners.

In response, Benton filed a complaint asking that the two ordinances used against her campaign be struck down as a violation of First Amendment rights. Supporters of this fight formed a Committee to Defend Free Speech, which has campaigned for letters of protest to be sent to Mayor Sharon Sayles-Belton calling on her to drop the charges. The committee is now signing up sponsors as well.

The committee organized an October 10 speak-out at the Pathfinder Bookstore in St. Paul. The panel included David Riehle, a member of United Transportation Workers Union Lodge 650, and SWP mayoral candidate Benton.

In a written response to Benton's complaint, city attorney Larry Cooperman conceded that the application of the ordinance "to the sale of newspapers may constitute a violation of First Amendment rights" and said that "the City will voluntarily agree not to charge the Plaintiff [Benton] with violations - with respect to the sale of the newspaper."

Cooperman added, however, that "the reason the charge was brought was the placement of a table on the public sidewalk." The charge should have been under the ordinance covering sidewalk tables "because it is an obstruction and a nuisance."

At an October 27 hearing to present verbal arguments to Judge Tunheim, Cooperman described the stopping of the sale of newspapers on the street was an "over ambitious enforcement" of the city ordinance. Cooperman stood firm on the charge against sidewalk tables and posting leaflets.

In his response Benton's attorney, Randall Tigue, pointed out that the permit process for sidewalk tables was the same as for selling and for posting fliers and urged the judge to enjoin the city from enforcing all three ordinances. He argued that the ordinances are unconstitutional because they leave the power "to the unbridled discretion of government officials," which, Tigue noted, "would permit the City Council to arbitrarily permit Mayor Sayles-Belton to post signs and deny such right to Jennifer Benton based solely upon the content of the respective speech of the candidates in question."

Tigue noted in the hearing that Benton doesn't have the financial backing of a Sharon Sayles-Belton or Barbara Carlson [the Democratic and Republican Party mayoral candidates]. Her campaign consists of setting up street tables, leafleting, and selling the Militant newspaper. "Take away the right to do these things and you effectively silence her campaign," he told the judge.

Cooperman replied that Benton was not directly affected by the citations because Jenness was the one being charged. The city's attorney also claimed that the permit process did not impinge on First Amendment rights because to his knowledge the city had never denied a permit, though he conceded that he could count on one hand the number of times someone had requested a permit from the city council to post flyers.

Tigue responded that in fact Benton was directly affected because the citation of one of her colleagues for campaigning intimidates her and others from engaging in the same activity

The defense effort continues. Jenness has pleaded "not guilty" to the two citations and is scheduled to appear in Hennepin County court on November 7. Letters of support and contributions can be sent to: Committee to Defend Free Speech, P.O. Box 14302, St. Paul, MN 55114. Tel: (612) 644-6325. Fax: (612) 645-1674.  
 
 
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