Article 1 Chapter 15 of the Utah Constitution:
There shall be no Law passed to abridge or restrain freedom of speech or the press.
Flyers are communication through media giving us constitutional rights of freedom of the press
U.S. Supreme Court
The claim and exercise of a Constitutional right cannot be converted into a crime.
Miller v. US, 230 F 486 at 489
An unconstitutional "law " is not a law; it confers no rights, imposes no duties, and affords no protection.
Norton v. Shelby County, 118 US 178 (1886)
All laws which are repugnant to the Constitution are null and void. Chief Justice John Marshall
Marbury v. Madison, 5 US (1Cranch) 137, 174, 176 (1803)
When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetuated, and no one is bound to obey it.
State v. Sutton, 63 Min 147, 65 NW 262, 30 LRA630, AM ST 459
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
Miranda vs Arizona, 384 U.S. 436 p. 491
It doesn't look like our constitutional right of freedom of the press is going away any time soon.
FREEDOM OF THE PRESS DEFINITION
The freedom of communication and expression through media and/or published material
Flyers are communication and expression through published media material.
Unwanted or undesired waste material.
Flyers are not trash by legal definition and to mislead and claim they are holds no water to the law.
A single page leaflet advertising events, services or other activities. Flyers are typically used by
individuals or business' to promote their product or services.
They are a form of mass marketing or small scale community communication.
Flyers are a legal form of community communication handbills by definition
Litter consists of waste products
Flyer are not waste products or litter by legal definition and to claim or mislead holds no water to the law.
UTAH LITTER LAW REFERS TO HANDBILLS
Utah Code Title 76 Chapter 10 Section 2701 subsection (3)
A person distributing commercial handbills, leaflets, or other advertising shall take whatever measures
are reasonably necessary to keep the material from littering public or private property.
To keep the flyer material from littering flyers are stapled to a cardboard paper weight to keep them from
blowing in the wind and some flyers are hand delivered, taped securely to a structure and/or property.
To claim or willfully mislead about the flyers will not hold water to the law.
Urgently asking: It is the action or instance of petitioning; proposal.
Solicitation is done on a phone or in person, asking someone for their time trying to sell something.
With a "No Solicitation" sign on your door you will still receive LEGAL door hangers, flyers and handbills.
IT IS NOT SOLICITATION BY DEFINITION TO PASS OUT FLYERS.
SOLICITATION LEGAL TERMS
Request or appeal either oral or written to obtain, seek or plead for funds, property or any thing of value.
Flyers are not a request or appeal to plead for funds or property or any thing of value.
IT IS NOT SOLICITATION DEFINED BY LEGAL TERMS TO PASS OUT FLYERS
Systematic initiation of direct contact with a target group of individuals commonly used during political campaigns.
A campaign team will knock on doors of private residences within a particular geographic location,
engaging in face-to-face interaction with voters, canvassing may also be preformed by telephone.
Canvassing is very close to solicitation asking someone for there time flyers are not canvassing.
A form of communication intended to persuade an audience to purchase or take some action upon
products, ideas or services.
Flyers are communication through media to take action upon products, ideas or services.
Flyers are not litter, waste, trash, and they are not solicitation of any kind.
Any other claim or willful misleading information will not hold water to the law or in court.
The First Amendment covers the distribution of political, social and promotional flyers. This means flyers can be distributed on public streets, sidewalks, door to door and public gathering places as long as traffic isn't affected. Businesses and stores must also allow leaflets and flyers as long as they're handed out in parking lots or sidewalks. If you want to hand out flyers in a store, you must gain approval from store management.
Mr Kelly at: flyerdistributors.com