What to Do When Someone Objects to a Public Speaker? Maybe Best to Stay Out of the First Amendment Fray

The Heckler’s Veto and the First Amendment 
By Robert Phillips  
Deputy District Attorney (ret.)  

Some years back I authored a memo entitled “Constitutionally Protected Expressive Activity & the First Amendment: Who Ya Gonna Call ” Over the years, I’ve expanded this memo to cover a whole pile of First Amendment, freedom of expression issues. This is available to paid Professional subscribers online in the LegalUpdates.com library. 

However, the primary objective of this memo has remained the same: To warn police officers that when dealing with canvassers or others who plant themselves in front of a privately owned store such as a supermarket, home supply warehouse or other similar establishment for the purpose of collecting signatures, distributing pamphlets, soliciting funds for a charity, panhandling, or any other politically, socially, or religiously motivated purpose, it is best to just leave that person alone and let the business shoulder the burden of going to court and asking for a court order prohibiting or limiting that person’s activities.  

That’s because the person who may be upsetting the store owner typically has a First Amendment right to do what he is doing.  

To prevent or attempt to control that activity requires a court, at an evidentiary hearing, to first balance the “time, ....