The First Amendment to the United States Constitution guarantees the right of free speech, which includes political activities and opinions that many citizens may find objectionable. It is the obligation of the Jacksonville Sheriff's Office to guarantee the right of these political activists to speak while upholding public safety and order.

Free speech can take many different forms from a lone speaker on a street comer, to leafleting, to large political demonstrations and parades. All such activities are presumptively entitled to the protection of the First Amendment

As a general rule, free speech may occur in any traditional public forum. A traditional public forum include parks, sidewalks, public parking lots, and similar facilities. A traditional public forum does not include private property or government property which is not traditionalty used for public speech. For example, a demonstration may be permitted in the park opposite City Hall, but can be prohibited inside City Hall where it might be disruptive.

No permit is required for many kinds of political speech. Do not advise a speaker or demonstrator that a permit is required for his or her activity unless you have first checked with your shift supervisor, or a Sheriff's office attorney.

It is your obligation to protect free speech activities, demonstrations and the like. This means that you cannot prohibit a speaker from engaging in First Amendment activities simply because a crowd has gathered which may oppose or even be hostile to the speaker. The proper course in such a situation is to call for appropriate backup to ensure the safety both of the speaker and members of the public. A free speech activity must not be terminated unless there is an incitement by the speaker to immediate illegal action or unless a crowd poses a physical threat to the speaker and sufficient backup is not available. If time permits, you should obtain the opinion of your shift aupervisor or a Sheriffs Office attomey before terminating a free speech/political event

As noted previously, speakers must be permitted access to public sidewalks, pathway and roads; however, speakers must not block access to buildings or prevent free movement of pedestrians and vehicles. On some occasions, streets may be blocked off to accommodate parades or large demonstrations. In those events, the speakers will be expected to have obtained a street closing permit in advance. In all other cases, the speakers must not block public access. In the event a speaker or group of speakers does block access, or ingress and egress, Sheriffs officers on duty shall direct the speaker(s) to clear a path, move back, or take other appropriate action to restore access. If the speaker does not comply, an arrest may be made or a citation issued as may be appropriate at the officer's discretion.

The right to speak, communicate, and protest includes activities around polling stations on Election Days. On Election Days, poll workers regularly encounter persons polling voters, or seeking signatures on petitions. These petitions vary from petitions to qualify to be placed on ballots, to petitions supporting various legislative initiatives, to political demonstrations.

It is important that the Jacksonville Sheriffs Office, poll workers, and officers not deny access to the political process based upon the relative popularity of the petitioners or pollsters or the content of their messages.

Therefore, to ensure uniformity in the right of access for all pollsters and petitioners, the following guidelines shall be followed:

1.Consistent with Florida law, no person shall be entitled to poll, petition, demonstrate, or undertake any non-voting activities within fifty feet (50') of the entrance to any polling place or polling room. There are certain exceptions to the fifty foot setback mle which will be determined on a case by case basis at individual polling stations in accordance with 55 102.031, Fla. Stat

2. No person shall be permitted to obstruct the ingress and egress of voters at a polling place.

3. No person shall be permitted to conduct themselves in a disorderly fashion so as to obstruct the normal peace, quiet and solemnity of the polling place. Officers are to strike a reasonable balance between the need of solicitors, pollsters, and others to communicate and the need for voters to exercise their rights free of harassment or pressure.

4. Persons who use the area of ingress and egress outside of the fifty foot (50') boundary to poll voters to seek signatures, or to distribute literature, shall be permitted to do so, regardless of the content or popularity of the individual or message.

5. Where time permits, officers are encouraged to obtain an opinion from the Supervisor of Elections if a controversy arises at a polling station. Any question about the implementation of these guidelines shall be directed to either Larry Pritchard at 630-2120, or Steve Rohan at 889-1342.