o
Davis started preaching at Boston Common
o
Appeal to Supreme Court after being kicked off
o
Court ruled that Boston can “choose not to have
you in its living room.”
Hague v. CIO (1939)
o
Speech may be regulated in interests of all
o
Cannot be an arbitrary regulation
o
Progress from Davis case
Schneider v. Town of Irvington (1939)
o
Limits on speech must be reasonable
Cantwell v. Connecticut (1940)
o
Good process
Cox v. New Hampshire (1941)
o
Parade permits acceptable
Ward v. Rock Against Racism (1989)
o
Time, place and manner restrictions on
speech must…
§ Be
content neutral
§ Be
narrowly tailored to serve a significant government interest
ú Later
changed to: “The fit between the gov’t interest and the regulation must be
reasonable”
§ Leave
alternative channels for regulation
Traditional Public Fora
Sidewalks,
parks, streets, etc.
ú Clark
v. Community for Creative Non-Violence (1984)
ú Cox
v. Louisiana (1965)
ú United
States v. Grace (1983)
ú Lakewood
v. Plain Dealer (1988) ·
Newspaper boxes
ú Boos
v. Barry (1988)
ú Madsen
v. Women’s Health Center
·
36 foot buffer zone
·
Excessive noise
·
Images
·
300ft buffer zone around houses
ú Hill
v. Colorado (2000)
·
w/n a 100ft and 8ft buffer zone
Parades
ú Cox
v. New Hampshire (1941) (reprise)
ú Collin
v. Smith (Fed. district court 1978)
ú Forsyth
County, GA v. Nationalist Movement (1992)
·
“Listeners’ reaction is not a content neutral
basis for regulation.”
Designated Public Fora
Not traditionally open, but gov’t may choose to open
§ Temporary
free speech zones, areas around gov’t buildings during some events
Limited Public Fora (Gov’t owned, not open)
§ Fairgrounds,
schools, airports, etc.
Private fora functioning as public
§ Malls,
private property, etc.
Edwards v. Coeur d’Alene (1999)
o
You can protest, but you cannot out sign on
“pole” or “post”
o
Did not allow for alternative channels
§ For
short people
Speech in Public Spaces CAN be regulated by gov’t if…
o
Content neutral
o
Narrowly tailored
o
Significant gov’t interest
o
Must leave alternate channels
Vlasack v. Superior Court (of L.A. County)
(2003)
o
Called for particular measurements of posts
o
Vlasack brings elephant wrangling contraption
§ L.A.
upholds measurement limitations
Heffron v. International Society for Krishna
Consciousness (1981)- Limited Public Fora
o
Minnesota state fair
o
Rule was passed that if you want to express free
speech…
§ You
had to behind a booth
§ Fairgoers
had to walk up to you
o
The Hari Krishna were kicked out for walking up
to people
o
Restriction was upheld
Grayned v. Rockford (1971)
o
Compatibility
o
Black students were protesting irregularity in
population representation
o
Grayned was taken away
o
Court said Grayned was making too much noise
§ Court
said the signs should have been allowed
o
Justice Marshall
§ Your
speech in limited public forum will be protected as long as it is compatible
with situation
§ Signs
ok; Noise not
Board of Airport Commissioners of the City of LA
v. Jews for Jesus (1987)
o
All free speech was banned in LA airports
o
The law was deemed “overbroad”
§ Opposite
of narrowly tailored
§ Gets
to the problem but cockblocks too much speech
o
Court overturned it
International Society for Krishna Consciousness v. Lee (1992)
o
3 types of public space
§ Traditional
§ Designated
§ Limited
ú Publically
owned but not necessarily for speech
ú Reasonable
regulation can be based on subject matter (MUST be viewpoint neutral)
o
Ruled that airports are in fact limited publics
spaced
o
Can be regulated if it is viewpoint neutral
Lamb’s Chapel v. Center Moriches Union School
District (1993)
- Lee applied
o
Social, civic or recreational use was ok
o
Political groups we ok
o
But parenting class was not allowed
o
Court overruled it…
§ Because
the rule was not viewpoint neutral
o
Rule was fine
§ But
cannot separate based on subject matter
Westside Community Schools v. Mergens (1990)
o
Couldn’t discriminate because they already had
clubs based off the curriculum
o
Either the school could…
§ A.
Let the Bible club do their thing
§ OR
§ B.
Get rid of all clubs
Marsh v. Alabama (1946)
§ There
was a company owned town; private town
ú Company
owned everything
§ Marsh
(J. Witness)
ú Was
charged w/ trespassing when told to leave
§ Court
said…
ú It
looks, acts, moves like a town
ú She
was in the clear
Amalgamated Food Employees Union v. Logan Valley
Plaza (1968)
§ Protesters
outside grocery store were told to leave
§ Court
said AFE was in the clear
ú If
they were protesting related to store
ú Not
very content neutral
ú But
court said IDGAF
Justice Thurgood Marshall (1908-1993)
·
1st black Justice in Sup. Court
·
Not allowed into u. Maryland law school
o
Went to Howard instead
·
Argued 1st case at 28 in Sup. Court
o
Murray v. Pearson (1936)
§ Won
that bitch
o
Sweatt v. Painter (1950)
§ Similar
to Pearson
·
Won 29/32 civil rights cases before the Sup.
Court
·
Argued and won Brown v. BOE (1954)
·
LBJ put him in sup. court 1967-1991
