Fans of The Five Hole and visitors to our site have asked us some tremendous questions. If these questions are on their minds, they could be on yours. Here are some frequently asked questions:
Q: Why is this a First Amendment issue?
A: The Supreme Court has long held that public sidewalks are a public forum for citizens to express free speech, be it oral or written. The High Court also has long ruled that this public forum is an appropriate place for the media to sell or distribute news and opinion publications. Allowing a municipality to pick and choose which parts of the constitution it likes and which it doesn't is simply dangerous.
Q: Can't the city say, "No business on city streets or sidewalks, period."
A: No, it's not a business issue. The U.S. Constitution, in the 1st and 14th Amendments, states: "Congress shall make no law ... abridging the freedom of speech, or of the press ..." and "No State shall make or enforce any law which shall abridge the privileges ... of citizens of the United States ..." Speech and press are clearly singled out for special constitutional protections. Selling or distributing a news and opinion publication is different from selling products. One has tremendous constitutional protection, while the other does not. You will notice that the city has newspaper vending boxes all over town on its sidewalks. Why? Because they MUST be allowed under the constitution.
The U. S. Supreme Court has made it clear speech and press are protected whether a publication is free or for sale. In Jones v. City of Opelika, Ala., the court said: "It matters not that petitioners asked contributions for their literature. Freedom of speech and freedom of the press cannot and must not mean freedom only for those who can distribute their broadsides without charge. There may be others with messages more vital but purses less full, who must seek some reimbursement for their outlay or else forgo passing on their ideas."
And that's certainly true in our case. There is no way that we could spend the time and money necessary without advertising revenue and/or charging a reasonable fee for the publication. We have three dogs to feed.
Q: What does the Ice Pilots organization think of all of this?
A: We will provide a service to fans, promote the game of hockey, and give more coverage to the Pilots than any media organization. And the Pilots don't have to pay a dime for any of it. For that, we would hope the Pilots would be grateful. But we don't know what the organization thinks -- we haven't asked, they haven't told us -- and that really is not at issue. We don't need the Pilots' permission to write about the Pilots any more than the News Journal needs the city's permission to write about the city. But we hope our relationship with the Pilots will continue to be a good one. It has been, for the most part. We are true Pilots fans and season-ticket holders, and our coverage always has been fair and will continue to be.
Q: What if there's something in the publication that the city doesn't approve of? Don't officials have the right to control the content of materials distributed in public?
A: Absolutely not. That's called "prior restraint." Pensacola Independent doesn't ask the city's approval before every issue goes to press. Time Magazine doesn't submit its editions to a government panel before they are printed. In the U.S. Supreme Court case of Lovell v. City of Griffin, Ga. -- which involved a city prohibition on the distribution of literature of any kind without a permit from the city manager -- the justices ruled against the city. The city's law, the court said, "strikes at the very foundation of freedom of the press by subjecting it to license and censorship."
Q: But doesn't the city have the right to make sure the streets and sidewalks aren't obstructed by this free speech?
A: Only within reasonable limits, and our plan is absolutely unobtrusive. We went out of our way to make sure it would be -- we weren't asked to do this, mind you, we did it ourselves. In Valentine v. Christensen, the U.S. Supreme Court ruled that "state and municipalities ... may not unduly burden or proscribe (freedom of speech) in these public thoroughfares." Besides, you aren't going to be hanging out talking to us after you get your program ... you have a game to get to!
Q: Why can't you sell The Five Hole in the Civic Center? Isn't that a public building?
A: Yes, but it is not a public forum. You can't go wandering in there anytime you please. The Ice Pilots rent the building, and they and Ogden Entertainment -- which operates the building for Escambia County -- have the right to determine what is sold or distributed inside. That's why we'll be outside. It's not convenient for either us or you as the fan, but it will have to do.
Q: Does this mean there will be no more free issues of The Five Hole online?
A: Absolutely not! In fact, if fans support the print version like we hope they will, we can give even more away for free online than we do now!
Q: Can I have some input into what I'd like to see in The Five Hole?
A: Yes! We want this to be your publication. What do you want to see as a fan of the Pilots, the ECHL and the game of hockey? E-mail us at editor@thefivehole.com and let us know.
