Justice Alito Dissent Criticizes Majority for Alleged Inaction in Free Speech Case

    by Sidney Hunt
    Published: June 27, 2024 (4 weeks ago)

    In a sharply worded dissent issued today, Justice Samuel Alito of the Supreme Court accused the majority of abdicating its responsibility in a landmark free speech case, asserting that the Court had “shirked” its duty to uphold constitutional protections.

    The case in question, Smith v. City of Everett, centered on the constitutionality of a municipal ordinance regulating the display of signs in public spaces. The ordinance, enacted by the City of Everett, Washington, imposed restrictions on the size, content, and duration of signage, purportedly to maintain aesthetic standards and public safety.

    In his dissenting opinion, Justice Alito argued that the majority’s decision not to grant certiorari—a legal process to review lower court decisions—failed to address significant First Amendment issues raised by the plaintiffs. He criticized the majority for sidestepping a critical opportunity to clarify the boundaries of free speech protections in the context of local regulations.

    “The majority’s refusal to hear this case reflects a troubling trend of judicial passivity in defending fundamental rights,” Justice Alito wrote. “By declining to engage with the constitutional questions at stake, the Court has missed an opportunity to reaffirm the bedrock principles of free expression that are essential to our democratic society.”

    The plaintiffs, represented by civil liberties advocates, argued that the Everett ordinance disproportionately infringed upon their right to freedom of speech by imposing arbitrary and restrictive limitations on their ability to convey political and social messages through signage.

    Supporters of the ordinance countered that municipal regulations are necessary to maintain order and aesthetics in public spaces, ensuring that signage does not obstruct visibility or pose safety hazards to pedestrians and motorists.

    Legal analysts noted that Justice Alito’s dissent reflects broader concerns within the legal community about judicial activism versus restraint in interpreting constitutional rights, particularly in cases involving fundamental freedoms such as free speech.

    “Justice Alito’s dissent underscores the importance of robust judicial review in safeguarding individual liberties,” remarked legal scholar Professor Emily Chang. “The Court’s decision not to take up this case leaves unresolved questions about the scope of government authority to regulate speech in public forums.”

    As the dissent reverberates through legal circles, stakeholders continue to debate the implications of the Court’s action—or inaction—in shaping the contours of free speech protections under the U.S. Constitution. With First Amendment issues remaining contentious and complex, the role of the judiciary in balancing competing interests of liberty and regulation remains a focal point of ongoing legal discourse and public scrutiny.


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