California youth pastor In free speech mall case has strong argument for overturn

Constitutional law expert David Rivkin “optimistic” on Fox & Friends

Published on February 11, 2010 by Brent Baldwin (OfficialWire) WASHINGTON, D.C.

Attorney and Constitutional law expert David Rivkin voiced his optimism for the plaintiff in a California free speech case in an appearance on Fox & Friends today.

Youth pastor Matthew Snatchko was arrested in 2006 by security guards at a Roseville mall after having private conversations about God with mall shoppers. The California Constitution extends its free speech clause to public places so long as would-be speakers fill out an application four days in advance and agree to pre-determined regulations. Snatchko had been given these guidelines but felt that security guards misinterpreted his conversation with shoppers before arresting him.

“The regulations the mall put in place were overly broad and they were enforced in an arbitrary fashion,” said Rivkin. “Remember he did not carry placards; he did not try to organize a demonstration, which is the kind of activity for which you would need a permit; he just had a conversation with free shoppers. And the notion that you need to get advance approval for that kind of interaction is, quite frankly, silly.”

Snatchko initially lost his case in the lower courts, which found the mall's ban on controversial speech with strangers was not a First Amendment violation. He is now waiting on the 3rd Appellate District in Sacramento to schedule a date for arguments or issue a ruling. One of the issues at stake is whether this kind of religious content or political speech may be singled out in malls or public areas across America.

“Content regulation, or regulations that treat one type of speech different from another are almost always unconstitutional,” Rivkin added. “What you want to do is tailor restrictions as narrowly as possible … If someone is driving customers away there would be nuisance and loitering approaches that would enable you to ask the person to leave, or cause them to be arrested … But nothing like that happened here.”

When the host asked whether Rivkin felt the pastor had a good chance of overturning the ruling, Rivkin seemed confident. “I think he has an excellent chance of winning,” he said. “These things tend to get better results at the appeal level. I’m optimistic he would win.”


About David Rivkin
David Rivkin is an attorney in private practice and partner at Baker & Hostetler in Washington, D.C., who has had a lengthy career distinguished by service in the White House during two presidents’ terms, in the U.S. Department of Justice and in the U.S. Department of Energy. He is a well-known writer and media commentator on matters of constitutional and international law, as well as foreign and defense policy. He is a visiting fellow at the Nixon Center, contributing editor at the National Review, and a member of the Advisory Council at National Interest magazine. He currently serves as co-chairman of the Center for Law and Counterterrorism at the Foundation for Defense of Democracies. He also represents foreign governments and corporate entities on legal, political, defense, economy and public relations matters.
For more information, visit www.davidrivkin.com or contact:

David B. Rivkin, Jr.
drivkin@bakerlaw.com
202.861.1731
Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304

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