Utah parade insurance requirement deemed unconstitutional

Jurist reports:

The Tenth Circuit Court of Appeals [official website] published a decision [opinion, PDF] on Monday declaring that Utah's requirement of a USD $1 million insurance policy for demonstrations violates the First Amendment [text] of the constitution. The case was brought by two Salt Lake City environmental organizations that sought to have a parade on a state street, and Utah's Department of Transportation (UDOT) [official website] policy required both an insurance policy as well as an indemnification form. The Tenth Circuit held that the insurance policy requirement was an unconstitutional burden on free speech, because the policy created a lack of alternative channels of expression, the cost of the permit was not aligned with the cost borne by the state, and the fact that Utah has state code that protects against liability meant the government's interest could be served in other ways. Utah's Office of the Attorney General [official website] has not indicated whether it plans to petition the US Supreme Court [official website] on the matter.

Some people want to regulate free speech out of existence.