On October 28, the Sixth Circuit issued an en banc opinion in Bible Believers v Wayne County, Michigan, 13-1635. The majority opinion is 41 pages. The issue was whether Bible Believers had a right to engage in street preaching, and to parade around with banners, signs, and tee-shirts that displayed messages criticizing Islam and Mohammed, while attending the annual Arab International Festival in Dearborn. “En banc”means all full-time judges of the Sixth Circuit participated; there are 15 such judges.

The festival is very large and streets are always closed, because as many as 300,000 people attend over three days. Law enforcement had told Bible Believers to leave, or they would be arrested, because their activity was causing young persons to throw beverage plastic bottles and garbage at the Bible Believers group.

The festival allows groups to register for an assigned table, under the information tent, but Bible Believers did not wish to do that; they wanted to move around where they could be seen. The opinion makes it clear that Bible Believers were what most people would call “an extreme and ill-mannered evangelical group” who even carried a severed pig’s head on a spike and also carried signs that said, “Islam is a Religion of Blood and Murder.” But, they were on public sidewalks and streets, and the First Amendment protected their right to be present and to speak as they wished. There are exceptions to free speech in such contexts; “fighting words” and “incitement to violence” can be banned. But the decision says “fighting words” only means words directed at an individual who is present. As to incitement, the decision says that Bible Believers did not ask anyone listening to do anything violent.

The en banc opinion of October 28 reverses the earlier decisions in this case.