A local South Carolina man was told he needed a permit to hold a sign about his faith on a public sidewalk in his town.
After Chapin, South Carolina local Ernest Giardino was forced to obtain a permit to hold a sign and discuss his faith in town, First Liberty Institute (FLI), which defends Americans’ religious freedom, sent a letter on his behalf, arguing he has the constitutional right to do so. FLI described the town’s attempt to regulate speech and suppress religious expression on a public sidewalk as not only unconstitutional, but evidence of “arbitrary overreach.”
Giardino was on a public sidewalk in Chapin holding a 20×24 inch sign that read “Trust Christ He paid the price” on one side and “He Saved Others—Jesus—He’ll Save You” on the other side.
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He had held a series of similar signs on Chapin sidewalks without issue for eight months prior, but on June 20, 2024, a police officer approached him and informed him that he needed Chapin’s permission to display his sign and his message.
“Permit schemes, like the one found in Chapin, have the effect of freezing speech before it is uttered,” First Liberty said in its letter. “Permit schemes are thus viewed skeptically, being ‘the most serious and least tolerable infringement on First Amendment rights.’”
“A prior restraint like Chapin’s ordinance can survive challenge only if it does not delegate overly broad licensing discretion to government officials,” the letter continues. “Chapin’s permit scheme falls short of this standard, in multiple ways.”
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Giardino spoke with the Code Enforcement Officer and the Chief of Police about this surprising development after he was told he needed a permit. They both confirmed he needed to obtain a permit, which limits him to holding his sign for only 30 minutes. Under the permit, he would also need to change sidewalk corners every 15 minutes while holding his sign.
“No one needs the government’s permission to express their faith in public,” First Liberty Senior Counsel Nate Kellum said. “The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”
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FLI remains firm in its letter that Giardino is not subject to Chapin’s permitting requirement and asked the town to respond to the letter by November 12, 2024, with written assurance that Chapin will no longer ban his free expression on public sidewalks through permit requirements.
Fox News Digital reached out to Chapin town officials for comment, but did not immediately hear back.
