Atheist group seeks to nullify ordinance banning literature that mocks Christianity

FFRF Co-President Annie Laurie Gaylor appears in a screen capture of a video from FFRFout | YouTube/FFRFout

A prominent atheist group has asked the officials in an Oklahoma city to abolish an ordinance that prohibits the distribution of literature that profanely mocks Christianity to the point that it causes a disturbance.

According to Christian News Network, the ordinance in question is under the "Public Peace and Safety" section, which outlaws speech and behavior that results in the breach of peace.

The ordinance forbids anyone from circulating any literature that ridicules God, Jesus or Christianity in the City of Edmond.

The section also includes laws that prohibit displaying inflammatory signs that could cause a breach of peace, disturbing religious worship services with "rude, indecent or improper behavior" or using "obscene, offensive or abusive language" on the streets in a manner that could cause a public uproar.

Last week, the Freedom From Religion Foundation (FFRF), wrote to Edmond City Attorney Stephen Murdock to request the removal of the ordinance, arguing that it violates the U.S. Constitution.

"The Supreme Court has long recognized that the First Amendment 'mandates governmental neutrality between religion and religion, and between religion and nonreligion," wrote FFRF Staff Attorney Andrew Seidel.

"This law promotes religion, specifically Christianity, over nonreligion and other minority religions. It establishes Christianity as the chosen religion and denigrates the free exercise of all others by placing the religious sensibilities of Christians on a pedestal and punishing those who might attempt to ridicule them," he added.

The FFRF noted that putting a restriction on speech that is calculated to cause a breach of peace or an assault may be permissible, but it contended that it is unacceptable that the restriction only extends to speech that ridicules God, Jesus or Christianity.

In the letter, the FFRF pointed to a case that challenged the Pennsylvania blasphemy statute, which prohibits the use of corporate names that contained profanity or blasphemy. The group noted that a court found the statute to be in violation of the Free Speech Clause of the First Amendment as it restricted speech on the basis of viewpoint.

The group also argued that the ordinance, which was written over 60 years ago, would be unenforceable because it violates multiple provisions of the Constitution and sends a message of the city's endorsement of Christianity.

"It's startling that in this day and age, a city still has a statute that criminalizes speech against religion. It is completely out of tune with modern sensibilities," said FFRF Co-President Annie Laurie Gaylor.