Monday, October 17, 2011
Panhandling & Begging One of Those Constitutional Rights? Yup !
The First Amendment protects begging or panhandling when it is conducted peacefully. See United States v. Kokinda, 497 U.S. 720, 725, 110 S.Ct. 3115, 111 L.Ed.2d 571 (1990) (plurality opinion); Riley v. Nat'l Fed'n of the Blind of N.C., Inc., 487 U.S. 781, 796, 108 S.Ct. 2667, 101 L.Ed.2d 669 (1988); Vill. of Schaumburg v. Citizens for a Better Env't, 444 U.S. 620, 632, 100 S.Ct. 826, 63 L.Ed.2d 73 (1980) (“charitable appeals for funds” are protected speech); Smith v. City of Fort Lauderdale, Fla., 177 F.3d 954, 956 (11th Cir.1999); Loper v. N.Y.C. Police Dep't, 999 F.2d 699, 704 (2d Cir.1993) (“We see little difference between those who solicit for organized charities and those who solicit for themselves in regard to the message conveyed. The former are communicating the needs of others while the latter are communicating their personal needs.”); Benefit v. City of Cambridge, 424 Mass. 918, 679 N.E.2d 184, 187–88 (Mass.1997): State v. Boehler, __ Ariz. ___, ___ P.3d ___ , 2011 WL 4047350, fn. 4 (App. 2011).
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