The American Civil Liberties Union (ACLU) of North Carolina has formally requested that Fayetteville’s Interim police Chief Todd Joyce and other city officials uphold First Amendment rights during upcoming political demonstrations. The request comes in response to concerns about the enforcement of local noise ordinances, particularly at the “no Kings Rally/Protest” scheduled for June 14 in downtown Fayetteville.

According to the ACLU, organizers of the rally were warned against using amplified sound, wiht threats of arrest.The institution argues that such warnings lack legal basis and are unconstitutional.

Jaci Maffetore, senior staff attorney with the ACLU of North Carolina, stated, “Political speech, especially in the form of protest, is a core category of speech protected by the First Amendment. Attempts to restrict the use of amplified sound during a peaceful, daytime exhibition are not only contrary to the City of Fayetteville’s own code, but also go against established federal court decisions.”

Key Points of Contention

The ACLU-NC’s interaction highlights several critical issues:

1. City Code Compliance: The “No Kings Rally/Protest” aligns with the City Code’s Noise Ordinance (§17-7-18), which permits amplified sound between 10:00 p.m. and 10:00 a.m. on weekends. Given the rally’s 10:00 a.m. start time,restrictions on amplification are unwarranted.
2. Inapplicable Ordinance: The Sound Equipment Ordinance (§24-140) is designed for commercial activities, not public demonstrations, making its enforcement in protest settings inappropriate and potentially unconstitutional.
3. First Amendment Violation: Prohibiting noise amplification at a public, daytime protest infringes upon first Amendment rights, as affirmed by the Fourth Circuit Court of Appeals, which protects the right to amplify political speech.
4. Arbitrary enforcement: The City’s Sound Equipment Ordinance (§ 24-140) is susceptible to arbitrary enforcement against protesters.Reports from community partners suggest inconsistent application, emphasizing the need for clarity and restraint from city officials.

“We call on Fayetteville city leaders to do the right thing: follow the law, respect the Constitution, and allow future protests to proceed without unlawful interference,”

Maffetore urged Fayetteville city leaders to “follow the law, respect the Constitution, and allow future protests to proceed without unlawful interference.” the communication was also addressed to Fayetteville’s mayor, city council, city attorney, city manager, the Cumberland County Sheriff’s Office, and County Commissioners.