Judge temporarily blocks Tennessee GOP’s ban on signs in Legislature

A Tennessee judge Wednesday granted temporary pause to a new Legislature rule that prohibited the public from holding signs during House floor and committee proceedings, according to new court filings.

The filings with the Chancery Court of Davidson County in Tennessee come just a day after state troopers were ordered to remove three people who held small signs over gun control at a hearing Tuesday. 

Nashville Chancellor Anne Martin granted the temporary injunction within hours after the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of the three people who were removed and requested a ban on the enforcement of the rule.

The rest of the the public visitors — including parents closely connected to a school shooting that happened in Nashville earlier this year — were later removed by troopers at the request of a GOP subcommittee chair. 

“These rules are unreasonable,” ACLU of Tennesse Legal Director Stella Yarbrough said in a statement. “The Tennessee House’s ban on silently holding signs in House galleries directly undermines Tennesseans’ First Amendment right to express their opinions on issues that affect them and their families.” 

Tennessee lawmakers began a special legislative session Monday after Republican Gov. Bill Lee’s push to consider public safety and mental health legislation following a mass shooting at a Nashville school in March. 

In the first move of the session Monday, House Republicans approved a new set of disciplinary rules that allows the Legislature to block members from speaking if deemed too disruptive or distracting. 

The rule also prohibits members of the public from carrying signs inside the Tennessee Capitol or in legislative hearing rooms. The rules received backlash from some who argued they were implemented to prevent protesting, such as that of the “Tennessee Three” in March. 

The “Tennessee Three,” a group of House Democrats including Reps. Justin Pearson, Justin Jones and Gloria Johnson, gained nationwide attention after they interrupted proceedings to protest in favor of gun control shortly after the Nashville shooting. Pearson and Justin, who are Black, were expelled from the body, while Johnson, who is white, was allowed to stay. 

Both of the men were reelected earlier this month and rejoined the Legislature representing Memphis and Nashville, respectively. 

Pearson railed against the House’s new rule Tuesday, calling it a limit on free speech. Jones pushed back on the policy Monday, arguing it has no way to hold House Speaker Cameron Sexton (R) accountable if he applies the rules incorrectly.

A hearing for the temporary injunction is slated for Sept. 5, though the House is expected to adjourn by Thursday, according to legislative schedules.