SANTA CRUZ - In an effort to give government leaders greater authority to control public meetings, the city of Santa Cruz has urged the U.S. Supreme Court to hear an appeal of a free speech case brought by a persistent City Council critic who was arrested after making a Nazi salute and refusing to leave.

Lawyers for the city argue in a petition filed with the nation's highest court this week that officials nationwide need better guidance on limitations for maintaining order during public proceedings. The city notes that courts do not tolerate "hate gestures" similar to the one made by Robert Norse - who claims his ejection from a March 2002 council meeting violated the First Amendment - and therefore cities shouldn't have to, either.
"Petitioners have litigated this case for almost 10 years in the hope of securing judicial recognition that the broad protections of the First Amendment do not extend to hate gestures made during a city council meeting," the filing says.

The essential question facing the court is whether the Nazi salute is protected speech if it disrupts a public proceeding.

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