Fort Worth police receiving free speech refresher after street preacher incident
If a street preacher shouts their sermon into a bullhorn on a public street, and a nearby business owner calls the police, who is in the right?
It’s a classic First Amendment question that has stumped countless law students — and it’s now at the center of an incident that’s prompting Fort Worth police to receive a refresher on the ins and outs of free speech.
In a video posted to Facebook and on X, a Fort Worth Police Department officer is seen speaking with a street preacher on June 27 outside the Trinity Pride festival in the Near Southside.
The street preacher asks if someone could be cited if a transgender person is offended if they are misgendered by another person.
“We’re talking [about] gray area right now,” the officer responds. “I don’t believe I would cite that for offensive language.”
The video has gotten more than 300,000 views, and more than 2,000 comments.
In another video, posted on X, an officer is speaking with two street preachers.
“Are you really going to ticket us for offensive speech?” one of the street preachers asks the officer in the video.
“Yes, absolutely,” the officer says before saying, “it’s called disorderly conduct.”
A person was cited for disorderly conduct, Fort Worth police told the Star-Telegram in a statement on July 2 — but the conduct in question was the noise volume, not the content of their speech.
“An individual outside of the festival grounds was using a bullhorn to amplify their voice,” the statement reads. “Business owners in the area complained that the amplified noise disrupted their operations and caused them to lose customers. FWPD officers advised the person that continued use of the device would constitute making an unreasonable noise in violation of the City’s Noise Ordinance.”
The citation was issued after the person continued to use the bullhorn, Fort Worth police said, even though they were told that they were free to continue speaking without it.
“At no time did officers prevent any individuals from expressing their views,” the statement reads. “Officers told the individuals they could continue exercising their rights without using an amplification device. However, the individuals willingly ceased protesting after the bullhorn was seized as part of the enforcement action.”
The officer in the video, the department said, made “certain statements that were not accurate.”
After the incident, officers and new trainees will receive “refresher training” on First Amendment and free speech protections.
The government is allowed to place “content-neutral” rules on where, when, or how speech happens. They’re called “time, place, manner” restrictions.
Under Fort Worth’s noise ordinance, bullhorns and other amplification devices are prohibited in public places, with the exception of use by public safety officials or by someone with an outdoor event permit.
