By Tom Dalton
SALEM — A Pennsylvania preacher who was convicted of disorderly conduct after being arrested at last year's Halloween celebration has taken his case to the Massachusetts Appeals Court.
Michael Marcavage of Repent America filed his appeal on Halloween Day — the anniversary of his arrest.
In March, he was found guilty in Salem District Court of disorderly conduct and fined $200 for refusing to obey a police order to stop using a bullhorn on Halloween night 2007. Police eventually took the megaphone away after a struggle.
Salem police said they confiscated the bullhorn to defuse a potentially volatile crowd situation. They testified in court that people were yelling and screaming over matters of faith, and that the situation was getting out of control on a night when they had to deal with several other serious incidents.
Marcavage argued that police violated his First Amendment right to free speech because they didn't like what he was saying. He said he was telling the crowd, "You're enjoying yourself tonight, but tomorrow you will die," and "You have violated the law of God."
The appeal was filed by The Foundation for Moral Law, a religious liberties legal organization that represented Marcavage at the trial.
"The self-titled 'Witch City" may be a hotspot for Halloween celebrants, but it's not a Constitution-free zone," Foundation Attorney Ben DuPre said in a statement. "The rights of free speech and free exercise of religion may not be suppressed simply because Salem's tourists may not like the gospel message that Marcavage preaches."
No court date has been set.
