1. Time, Place, & Manner Restrictions
Limits to the Freedom of Speech

2. Time, Place, & Manner Restrictions
Laws regulate expression 2 ways:
Some regulate expression based on content
the “what”
Some regulate time, place, & manner of expression
the “when, where, & how”
General rule = gov’t cannot regulate content of speech except in special situations discussed in previous lectures
…BUT gov’t may make reasonable regulations concerning time, place, & manner of speech

3. Examples
Towns & cities may require citizens to obtain permit to hold demonstrations
May also regulate…
time during which loudspeakers may be used
where posters may be displayed
manner in which demonstrations may be conducted

4. Public Forum
Courts analyze regulations by first determining whether site affected is a public forum
YES: street or park
NO: bus terminal or school
If so, regulation will be overturned unless it serves important gov’t interest
Prohibiting loudspeakers on street outside quiet hospital zones
Keeping marchers off main street during rush hour
Which were
arrested?

5. Content-Neutral Regulations
Regulations must also be content-neutral
Cannot promote or censor particular point of view
Courts more likely to uphold restrictions if they leave open alternatives ways for communicating info

6. Which regulate content & Which regulation t, p, & m?
A city ordinance prohibits posting signs on public property such as utility poles, traffic signs, & streetlights.
A regulation prohibits people from sleeping in federal parks, even though the sleeping is part of a demonstration against homelessness.
A federal regulation prohibits public radio stations from airing editorials.
An ordinance prohibits commercial billboards within the town limits.
A District of Columbia ordinance prohibits the display within 500 feet of a foreign embassy of any sign that tends to bring a foreign gov’t into “public disrepute.”
A town ordinance prohibits picketing outside abortion clinics.
A city ordinance prohibits political or religious organizations from passing out leaflets or asking for donations inside airport terminal.