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New trial ordered in free-speech case
A federal appeals court has ordered a new trial in a case involving complaints by Michael Marcavage, a Christian evangelist who preaches against gays, that his First Amendment rights were violated by the city of Philadelphia and police.
Marcavage's lawyer, Ted Hoppe, said a federal jury trial was held in August 2006 in connection with seven incidents during which Marcavage said his rights had been violated between late 2002 and 2004.
In one of the incidents, Marcavage, director of Repent America, was arrested but that case against him was later dismissed, Hoppe said.
The federal jury ruled in favor of the city.
The Third Circuit Court of Appeals said in a ruling Tuesday that the trial judge, District Court Judge Petrese Tucker, had not properly instructed the jury on what Hoppe said was Marcavage's "fundamental right to be able to freely engage in constitutionally protected free speech activities."
City Solicitor Shelley Smith said her office was looking at its "options," but declared that if the case was re-tried, "we would expect to win it again."
She also noted that the appeals court ordered re-trial on instructions involving only three of the seven incidents. *
