Editing Constitutional Law Maggs/4th ed. Outline II
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=====£ Pure Speech - Content-Based: Reed v. Town of Gilbert, Arizona (2015)===== | =====£ Pure Speech - Content-Based: Reed v. Town of Gilbert, Arizona (2015)===== | ||
A restriction on speech that is content-based on its face is subject to strict scrutiny regardless of the government’s benign motive or justification. Town passed ordinance preventing posting of signs and applied different regulations to categories such as “Ideological Signs,” “Political Signs,” and “Temporary Directional Signs.” The town cited aesthetic appeal and traffic management as the interests served by implementing the different restrictions based on sign type.This is a content-based restriction and therefore presumptively unconstitutional. The court assumes their reasons are a compelling government interest. However, the ordinance is not narrowly tailored to serving those interests. The town does not provide any evidence that temporary directional signs are less aesthetically appealing or more dangerous to traffic than political or ideological signs. Yet, the ordinance imposes more restrictive regulation on temporary directional signs. | A restriction on speech that is content-based on its face is subject to strict scrutiny regardless of the government’s benign motive or justification. Town passed ordinance preventing posting of signs and applied different regulations to categories such as “Ideological Signs,” “Political Signs,” and “Temporary Directional Signs.” The town cited aesthetic appeal and traffic management as the interests served by implementing the different restrictions based on sign type.This is a content-based restriction and therefore presumptively unconstitutional. The court assumes their reasons are a compelling government interest. However, the ordinance is not narrowly tailored to serving those interests. The town does not provide any evidence that temporary directional signs are less aesthetically appealing or more dangerous to traffic than political or ideological signs. Yet, the ordinance imposes more restrictive regulation on temporary directional signs. | ||
=====® Pure Speech – Content Neutral (Place): | =====® Pure Speech – Content Neutral (Place): Renton v. Playtime Theatres, Inc. (1986)===== | ||
Content-Neutral time, place, and manner regulations are acceptable under the First Amendment so long as they are designed to serve a substantial government interest and do not unreasonably limit alternative avenues of communication.City enacted a zoning ordinance that prohibited adult motion-picture theatres from locating within one thousand feet of any residential zone, church, park, or school. The ordinance does not ban adult theatres completely, but rather provides that adult theatres cannot be located within one thousand feet of schools. The ordinance should be considered a form of time, place, and manner regulation. The city ordinance can properly be considered “content-neutral” because it is not aimed at the content of films shown at “adult motion-picture theatres,” but rather at the secondary effects of adult theatres on the surrounding community.Should be content based but it is considered content neutral under the secondary effects doctrine. This ordinance is not aimed at the content of the adult films but the secondary effects such as crime and traffic in the area. Really only applied in porn cases. | Content-Neutral time, place, and manner regulations are acceptable under the First Amendment so long as they are designed to serve a substantial government interest and do not unreasonably limit alternative avenues of communication.City enacted a zoning ordinance that prohibited adult motion-picture theatres from locating within one thousand feet of any residential zone, church, park, or school. The ordinance does not ban adult theatres completely, but rather provides that adult theatres cannot be located within one thousand feet of schools. The ordinance should be considered a form of time, place, and manner regulation. The city ordinance can properly be considered “content-neutral” because it is not aimed at the content of films shown at “adult motion-picture theatres,” but rather at the secondary effects of adult theatres on the surrounding community.Should be content based but it is considered content neutral under the secondary effects doctrine. This ordinance is not aimed at the content of the adult films but the secondary effects such as crime and traffic in the area. Really only applied in porn cases. | ||
=====U Pure Speech – Content Neutral (Manner): Ward v. Rock Against Racism (1989)===== | =====U Pure Speech – Content Neutral (Manner): Ward v. Rock Against Racism (1989)===== | ||