Yesterday, the Sixth Circuit granted en banc review of Bible Believers, et al., v. Wayne County, et al., a free speech case arising out of the plaintiffs’ evangelistic efforts at the Arab International Festival in Dearborn, Michigan. Over a vigorous dissent by Judge Clay, the panel upheld a grant of summary judgment in favor of actions taken by local officials to silence the speaker in the face of an angry crowd. The en banc decision in this case is of practical importance to law enforcement officials throughout the Sixth Circuit as they operationalize the balance between preserving the peace and protecting an individual’s freedom to speak. Supplemental briefing is set to conclude on February 6, 2015. A date for oral argument has not yet been set.
