Police may face trouble for removing racist fliers

By CARMEN MAURIELLO

Many residents were angered last week by racist fliers tossed into their driveways and lawns.

But while the National Alliance did nothing illegal in distributing the fliers, county and city police might have violated First Amendment protections of free speech by collecting them after receiving a few complaints.

"If what they're doing is going around communities and confiscating them, then that clearly is censorship," said David Rocah, an attorney with the Baltimore office of the American Civil Liberties Union. "They're clearly doing it because they disagree with that group's message and clearly to prevent this group from spreading its message there. There's no doubt that's illegal."

Annapolis police have stopped the practice, and the county attorney is examining whether county officers should do the same.

"I don't see what right a police department has to deny the person's right of reading information," said Officer Hal Dalton, city police spokesman. "We have no idea if the person wants to read it or not. I guess in effect we'd be suppressing free speech in a way."

The National Alliance fliers criticized diversity, had anti-Semitic language and contained a photo of a white toddler with the caption, "Missing: A Future for White Children."

Officials with the group, based in West Virginia and with an office in Baltimore, could not be reached for comment.

They were distributed around the Annapolis and Arnold area. Officials said this was the first time this year the fliers appeared in the city - usually an annual occurrence - and the seventh and eighth times for the county.

Lt. Joseph Jordan, county police spokesman, said officers followed the department's "unwritten rule" in such circumstances.

In a report, Officer James E. Rehbein wrote that at the request of a sergeant, he drove around an Arnold neighborhood Thursday after receiving a complaint and collected 37 fliers
from driveways.

"The officers have been doing it because they felt it was good problem-solving policing to remove the fliers before someone becomes incensed by them," Lt. Jordan said.

"What they've done in these cases is what they've felt is best for these communities."

City police officers did the same early last week. But on Wednesday a shift supervisor stopped the practice out of concerns it infringed on the First Amendment, Officer Dalton said.

In response to a reporter's inquiry, Lt. Jordan said Friday that County Attorney Linda Schuett is investigating the department's practice.

"We understand there might be some (First Amendment) concerns," he said. "That's why we're going to go back and revisit the actions."

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