Judge temporarily blocks House rules on signs as ACLU sues over free speech

A Davidson County judge issued a temporary restraining order Wednesday against the Tennessee House of Representatives, blocking the chamber's new rule barring signs in the galleries.

The order, signed by Chancellor Anne Martin, comes as part of a lawsuit filed earlier in the morning by the American Civil Liberties Union of Tennessee.

The lawsuit stems the removal of three activists from a House committee hearing for holding paper signs supporting gun reform. The residents were removed by state troopers on Tuesday after being told to lower paper signs and not clap during the House Civil Justice Subcommittee hearing.

"Defendants are not harmed by issuance of this motion as they have no legitimate government interest in violating First Amendment rights or enforcing patently unreasonable rules — and Plaintiffs’ conduct of silently holding small signs cannot be said to have disrupted the proceedings of the House of Representatives," ACLU attorney Stella Yarbrough wrote in the plaintiff's motion for a temporary restraining order. "The public interest is extremely great: nothing less than the constitutional rights of Tennesseans to participate in their government is at stake."

A hearing on the temporary injunction is currently scheduled for Sept. 5 at 10 a.m. CT.

“We applaud the court for taking swift action to protect the free speech rights of Tennesseans," said ACLU of Tennessee Executive Director Kathryn Sinback, on the temporary restraining order. "Democracy depends on people’s ability to express their opinions to their elected representatives on issues they care about, and this unreasonable rule stood in the way of people fully participating in the democratic process.”

The plaintiffs, Allison Polidor, Erica Bowton and Maryam Abolfazli, were removed from the meeting under rules adopted by the Tennessee House of Representatives for the special session.

Confusion was obvious in the crowd as the rule banning signs — and later clapping — was announced at the beginning of the meeting, with silent audience members slowly lowering paper signs and phone screens.

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After Polidor refused to lower her sign from where she clutched it to her chest, troopers lifted her from her seat and escorted her out.

“The real heroes are leaving the room right now,” a woman in the crowd shouted as officers walked Polidor out.

The lawsuit, Polidor et al. v. Sexton et. al., was filed in the Chancery Court for Davidson County on behalf of the three women. The plaintiffs sought the emergency injunction to stop enforcement of the rule prohibiting people from silently holding signs during House of Representative proceedings.

"These rules are unreasonable," ACLU-TN Legal Director Stella Yarbrough said in a statement. "The Tennessee House’s ban on silently holding signs in House galleries directly undermines Tennesseans’ First Amendment right to express their opinions on issues that affect them and their families."

Polidor agreed.

"I have a close friend whose son was a third grader at The Covenant School last year. I spent most of the day on March 27, 2023 not knowing whether my friend’s son was dead or alive. He survived, but his life, and so many others, will forever be marked by this tragedy," Polidor said in a statement Wednesday. "On August 22, 2023 I joined with so many other moms from across Tennessee to urge our lawmakers to enact common sense gun laws. I was removed for peacefully holding a small sign, and exercising my First Amendment rights. What started as a debate on gun safety has morphed into a blatant violation of my First Amendment rights."

Following her removal on Tuesday, Polidor said the subcommittee meeting was the first event she had attended that day alongside fellow activists with Tennessee Rise and Shine and Moms Demand Action, and she is planning on being present for many more meetings throughout the session.

“Just tell me where I need to go,” she said Tuesday.

Abolfazli shared similar concerns as Polidor in her affidavit, included in the lawsuit.

"I am concerned about the issue of gun violence in Tennessee because I have a little boy, and he is going to grow up with unnecessary anxiety and fear because of drills and stories about violence and potential threats at best, and he could be harmed at worst," she said. "I want my son to grow up in the safety that I grew up in when guns weren’t everywhere."

The Offices of House Speaker Cameron Sexton, R-Crosville, and the Attorney General's Office have not yet responded to requests for comment on the lawsuit.

First Amendment expert: Rule banning signs had 'no justification'

Ken Paulson, director of the Free Speech Center and Middle Tennessee State University, praised the ACLU's actions while decrying the House rule as an attempt to "suppress" the public.

"The ACLU’s action is timely and critical," he said. "When the government takes any action that limits freedom of speech, it has to demonstrate an overriding public need and can’t limit speech because of its content. There was no justification for banning a tiny paper sign. There was no disruption or threat to public safety.

"As I understand it, the ban on signs in committee meetings is also not standard procedure, which means the House was trying to suppress the specific idea expressed in the sign — that the lives of children are more important than guns."

Paulson said the rule marked a blatant infringement on the First Amendment right to petition the government.

"What’s so disturbing about the legislature’s efforts to limit dissent and not come face-to-face with upset constituents is that they’re side-stepping the core American right of petition," he said. "Our democracy was built on the principle that citizens have an absolute right to be heard by their government, with the expectation that their concerns will be considered and addressed in a constructive manner. That’s not happening in Nashville."

The USA Today Network - Tennessee's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.

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This article originally appeared on Nashville Tennessean: Judge temporarily blocks House sign rule as ACLU sues over free speech