The North Carolina Court of Appeals has overturned a trial judge’s decision to issue a no-contact order against Amanda Shenelle Wallace, leader of a group protesting the Durham County Department of Social Services. The trial court failed to provide sufficient justification for the order, prompting the appellate judges to remand the case for further findings.
The original order, based on the Workplace Violence Prevention Act, restricted Wallace’s ability to protest DSS activities and prohibited her from harassing or abusing DSS employees. However, the appeals court found that the trial court did not adequately document the alleged harassment and intimidation by Wallace and her group, making it difficult to determine if the order was justified.
Wallace, a former DSS employee, founded Operation Stop Child Protective Services, which staged protests at the DSS office and the director’s home. Despite concerns raised by DSS employees, the appellate court ruled that the order violated Wallace’s free-speech protections as it did not consider the content of her speech. The court remanded the case for the trial court to make specific findings regarding Wallace’s conduct and the alleged harassment.
While the Appeals Court recognized the government’s interest in protecting employee safety and preventing harm, they emphasized the need for restrictions on free speech to be narrowly tailored and content-neutral. The order was found to be overly broad and lacking the necessary factual basis to support its imposition, leading to the decision to overturn it.
Overall, the Appeals Court’s ruling highlights the importance of balancing free speech rights with the government’s interest in maintaining safety and preventing harm while ensuring that any restrictions are justified and narrowly tailored.
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