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Comm 101 Notes on Frisby to Ladue

Comm 101 Notes on Frisby to Ladue - NOTES ON Frisby v...

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NOTES ON : Frisby v. Schultz, 487 U.S. 474; 108 S.Ct. 2495; 101 L.Ed.2d 420 (1988) Ward v. Rock Against Racism, 491 U.S. 781; 109 S.Ct. 2746; 105 L.Ed.2d 661 (1989) City of Ladue v. Gilleo, 512 U.S. 43; 114 S.Ct. 2038; 129 L.Ed.2d 36 (1994) In these three cases, the Court discusses the extent of the government’s ability to enact laws placing “time, place and manner” restrictions on speech. Such restrictions limit free-speech rights in order to accommodate the right of others not to be exposed to speech under certain circumstances. I. Frisby The issue was whether a city ordinance banning residential picketing, as applied to anti-abortionists who wanted to picket a doctor’s home, violated the First Amendment. The Court began by stating that although the right to picket on issues of public concern implicates core First Amendment values: Even protected speech is not permissible in all places and at all times” (Course reader, pp. 106-107). Thus one factor in determining the scope of permissible limitations on speech is the place or “forum ” [plural = “fora”] where the speech occurs. The Court has identified three types of fora (p. 107): (1) the traditional public forum, (2) the public forum created by governmental designation, (3) the nonpublic forum . The Court then held that public streets are traditional public fora, and stated two tests for regulating public-forum speech—one for content-based regulations, and one for content-neutral regulations (p. 107): CONTENT-BASED: A content-based regulation must be: (1) necessary to serve a compelling state interest and (2) narrowly tailored to serve that interest.
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