The Rev. Drs. Liz Theoharis and William Barber appeared on stage at the Poor People's Moral Action Congress forum for presidential candidates at Trinity Washington University on June 17, 2019.

The Rev. Drs. Liz Theoharis and William Barber appeared on stage at the Poor People's Moral Action Congress forum for presidential candidates at Trinity Washington University on June 17, 2019. (Photo: Tom Williams/CQ Roll Call)

Rev. William Barber's Conviction for Using 'Preacher Voice' at Anti-Poverty Demo Will Stand, Says Court

“This is literally about opening up Southern legislatures to the light of day," said Barber.

The Rev. William Barber vowed Wednesday to continue fighting for people's right to free speech after the North Carolina appeals court upheld the anti-poverty activist's trespassing conviction that stemmed from a 2017 protest at the General Assembly.

In a Twitter thread indicating his attorneys were weighing next steps, Barber said that "how this case is set up is not about any individual" but is instead "about the rights of all people under the First Amendment of the Constitution. And we will continue to press for those rights in North Carolina and the rest of the country."

The Moral Monday movement leader and president of Repairers of the Breach was convicted in 2019 for actions related to a sit-in and call-and-response demonstration he led outside lawmakers' offices as he and dozens of fellow protesters called for Medicaid expansion in the state.

As WRALreported at the time:

General Assembly Police said the protest prompted calls from legislative staffers who said the noise from the protest was making it hard to work. Police Chief Martin Brock used a bullhorn to order the group to quiet down or move. After several warnings, he told his officers to start arresting people.

Barber disputed the protest was that loud, saying Brock's characterization that he was "yelling at the top of my lungs" was offensive.

"It was my preaching voice," he said. "I would never characterize call-and-response, preaching, reading the constitution, reading scripture as yelling."

In its Tuesday ruling, the appeals court upheld the conviction.

Judge Chris Dillon wrote that the case wasn't about "free speech" but "loud speech." The inside of the General Assembly, he said, was "not an unlimited public forum" or "quintessential community venue, such as a public street, sidewalk, or park."

After the trial, Barber insisted the case had broad implications for the exercise of free speech and the right to protest.

"This is literally about opening up Southern legislatures to the light of day," he said, "and to the people's voice and to the people's protests."

Barber could bring the case to the state Supreme Court, though, as the Carolina Journalreported, it would not be required to take up the challenge because there was no dissenting opinion from the appeals court's three judges.

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