MS Capitol Police expansion bill challenged in federal court over free speech concerns

A federal lawsuit has been filed challenging Senate Bill 2343, which expands the jurisdiction of the State Capitol Police and requires prior written authorization from the commissioner of public safety or chief of capitol police to have any event on sidewalks or streets next to property owned or occupied by state entities or officials.

Protests in Jackson have typically taken place downtown, including around the numerous state-owned buildings such as the capitol and governor's mansion.

More: Mississippi governor signs bill expanding state-run police territory inside Jackson

The plaintiffs who filed the suit include members of the group that challenged House Bill 1020 in state court. SB 2343 was largely seen as a companion bill to the controversial house bill. There is also an ongoing challenge to HB 1020 in federal court.

Plaintiffs in this latest federal case include the JXN Undivided Coalition, Mississippi Votes, People’s Advocacy Institute, Mississippi Poor People’s Campaign, Black Voters Matter, and three local community organizers. They are represented by the Mississippi Center for Justice and the MacArthur Justice Center at the University of Mississippi School of Law, and they argue that the prior authorization provision violates the free speech and assembly rights of Hinds County residents.

The plaintiffs argue that provision of the requirements apply to any event, including protests against the state government. In a news release, they also note that the two officials, who are both white men, would have veto authority over protests in a majority-Black city, and that protests have included and will likely continue to include criticism of the very officials and departments that the two men lead.

“The JXN Undivided Coalition and its members have for years engaged in the deeply American tradition of peacefully gathering on public property to convey to elected officials what matters most to us" the plaintiffs said a statement. "What matters most to us is the right to vote and the right of political self-determination for Jackson residents. We have spoken, and the state has responded with a sweeping prohibition of speech next to properties in Jackson occupied by state officials absent prior authorization. We should not have to risk arrest and imprisonment for exercising our constitutional rights, including freedom of speech and equal protection under the law.”

Cliff Johnson, Director of the MacArthur Justice Center, connected the measure to other attempts the state has made to take power away from the local leadership of its capital city. The city already has its own permit requirements.

"This additional permission requirement is yet another example of many legislators’ disregard of Jackson’s autonomy and apparent distrust of those who enforce the law there, and it tramples on the First Amendment rights of people like our clients who seek nothing more than protection of the freedom to gather peacefully outside government buildings and express their views about what our public officials are up to," Johnson said in a statement.

Unless a court intervenes, SB 2343 is set to take effect July 1. HB 1020 remains blocked by a federal restraining order, with a decision not expected until oral arguments have taken place before the U.S. District Court judge overseeing the case.

This article originally appeared on Mississippi Clarion Ledger: Mississippi protests bill challenged by Jackson group in federal court