Federal Judge Temporarily Blocks Enforcement of San Diego’s Offensive Speech Ordinance

A federal judge on Sept. 23 temporarily blocked the enforcement of San Diego’s ordinance that bans “offensive or disorderly” conduct in public spaces, including making loud noises and using vulgar language.

Busker William J. Dorsett filed a complaint against the city on July 8 after a park ranger cited him for violating the ordinance when he criticized the ranger for ticketing another person, who was making bubbles for children in Balboa Park without protective equipment.

U.S. District Judge Barry Ted Moskowitz granted a preliminary injunction after Dorsett claimed that San Diego Municipal Code Section 56.27 violates the First Amendment.

In a nine-page ruling, Moskowitz stated that Dorsett is likely to succeed in proving that the city’s ordinance is “unconstitutionally vague and overbroad.”


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