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In 2008, the city of Philadelphia passed a law making it
illegal to give a tour of the city without first passing a test and
obtaining a special government license.
Institute for Justice filed a constitutional challenge to that law
because the first amendment protects your right to communicate for a living
and that's true whether you're a journalist, or a stand-up comedian, or
a tour guide.
In 2009 though, the city asked a federal district judge to
dismiss that case without considering the constitutional argument, because it
said it didn't have the money allocated in its budget to start in forcing the
law right then.
The law was important, and they intended to enforce it, they just hadn't allocated
the money to enforce it immediately.
And that's why on Tuesday, January 11th, 2011,
we'll be having an argument in the third circuit court of appeals in Philadelphia.
Making the simple point, that the city's budget priorities cannot trump the
constitution.
Government officials simply can't be allowed to hide in the bushes until
they feel like jumping out and taking away your rights.
Philadelphia's tour guides have the right to speak freely without having to
worry whether the city's going to start in forcing its licensing requirement in
six weeks, six months, or a year.
And that's why the Institute for Justice is determined to vindicate the first
amendment rights of ordinary Philadelphians to talk to each other
about their city and its history. And to make clear to city officials, in court,
that they do not have the power to fine people for on authorized talking.