October 1, 2008

Fighting for FREEDOM In the Constitution’s Birthplace

IJ Staff Attorney Bob McNamara, IJ President Chip Mellor and our clients speak with reporters the morning the case was filed.
IJ Staff Attorney Bob McNamara, IJ President Chip Mellor and our clients speak with reporters the morning the case was filed.

By Bob McNamara

As the birthplace of our Constitution and the city where the Declaration of Independence was signed, Philadelphia may be more central to the story of American liberty than any other place. There are countless stories to be told about the city’s history and culture.

And starting this fall, if the city government has its way, it will be illegal for anyone to tell any of those stories without first passing a government-administered test and obtaining a government-issued license. Under a new law, anyone caught giving an unlicensed tour of the city for compensation—telling people about, for example, the Liberty Bell—will be subject to a $300 fine.

It is a basic principle of American constitutional law that we rely on people to decide who they want to listen to, rather than rely on the government to decide who is allowed to speak. The city has decided to turn that principle on its head. Citing its own dissatisfaction with the current city tours—whose problems include, in the words of one city councilman, “making fun of some of our artwork”—the city has taken into its own hands the decision of who should (and should not) be allowed to talk to their fellow citizens about their shared history.

The irony of fining people for unauthorized speech in the very city where Congress sat when the First Amendment was ratified is not lost on Mike Tait, Ann Boulais and Josh Silver, three Philadelphia tour guides who joined forces with IJ this past July 4th week to file a federal lawsuit challenging the new tour-guide licensing scheme.

Mike, Josh and Ann are like a lot of the city’s guides. They are not in the business to get rich—tour guides do not earn very much money—but because they have a shared love of history and the story of the American founding. They are appalled that the city seems intent on trashing the very Constitution that makes Philadelphia’s history so important, and they are determined to stand up for their First Amendment rights.

Philadelphia’s law is just one more example of the explosion of government licensing that IJ combats (as documented in Lee McGrath’s “A Primer On Occupational Licensing” in this past April’s Liberty & Law) and a particularly outrageous example of how government increasingly uses the guise of “occupational licensing” as a way of clamping down on free speech. As IJ has documented in representing everything from for-sale-by-owner real estate websites to newsletter publishers, governments increasingly think they can use the words “occupational licensing” as a kind of magical incantation to make the First Amendment disappear. Our challenge to Philadelphia’s new law is one more step toward putting a permanent stop to that trend.

With a hearing scheduled in federal court October 6, IJ plans to make Philadelphia’s tour-guide licensing scheme history—just one more story to tell in a city that is full of tales about the fight for freedom. And Mike, Ann and Josh will be able to tell you all about it.

Bob McNamara is an Institute for Justice staff attorney.

Share

Related Case

Grassroots Tyranny in the Cradle of the Constitution: Philadelphia Tour Guides Stand Up For the Framers’ Vision of Freedom

Also in this Issue

Liberty & Law

Four Pillars Plaque

October 1, 2008

Liberty & Law

Signs of Opportunity & Freedom

October 1, 2008

Liberty & Law

Victory: At Long Last

October 1, 2008

Liberty & Law

IJ Expands Its Grassroots Activism

October 1, 2008

Liberty & Law

IJ Trains Next Generation

October 1, 2008

Liberty & Law

Jack Wenders Scholar Award

October 1, 2008

Liberty & Law

IJ Summer Clerks and Interns

October 1, 2008

Liberty & Law

Vindicating the Right to Protest Eminent Domain Abuse

October 1, 2008

IJ Senior Attorney Scott Bullock speaks to the press at the headquarters of Country Music International with owner Joy Ford.

Liberty & Law

Fighting Eminent Domain Abuse in Music City

October 1, 2008

Liberty & Law

Government Pirates: Book Defends Notion That Your Home is Your Castle

October 1, 2008

Liberty & Law

Empowering D.C. Parents To Fight

October 1, 2008

Subscribe to get Liberty & Law magazine direct to your mailbox!

Sign up to receive IJ's bimonthly magazine, Liberty & Law, along with breaking news updates about the Institute for Justice's fight to protect the rights of all Americans.