Free Speech in a Designated Time, Place and Manner

Discussion in 'Civil Rights & Privacy' started by Elizabeth Conley, Sep 14, 2011.

  1. Elizabeth Conley

    Elizabeth Conley Original Member

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  2. barbell

    barbell Coach Coach

    Have people lost the ability to read?

    Any moron could google "First Amendment" fer crying out loud and see, plainly, that it says no such thing.
     
  3. Mike

    Mike Founding Member Coach

    The sad thing is that the employee probably graduated from high school and quite likely even has a college degree.
     
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  4. Lisa Simeone

    Lisa Simeone Original Member

    A small ray of sunshine:
     
    barbell likes this.
  5. FriendlySkies

    FriendlySkies Member

    That's what I was told by officials at MSY, when I called to request a permit for NoS picketing.
     
  6. myadvice

    myadvice Original Member

    I am not a lawyer, however when I was with local government whenever the issue of speech came up we were briefed on "time, place, and manner" issue by our attorney. In general, local governments have some limited court-granted rights to regulate the "time, place, and manner" of speech. These rights are not enumerated in the constitution, and are based on specific case law.

    There are many examples of what courts have found to be valid restrictions. For example, if a local government provides an opportunity for oral public comments prior to a vote on legislation, the local government can establish a rule that limits comments to 5 minutes per person and to comments that are germaine to the legislation before it. Another example is that a local government can prohibit campaign signs being placed within the public road right-of-way, but not on the (private) property that abuts the road. Another example is requiring permits for large demonstrations at popular places because not everyone can use the same space at the same time. An example of a time restriction would be prohibiting people from knocking on doors at 3am even if the expressed purpose is to simply tell people that the O-man is a socialist, Bush lied, and Jesus saves.

    There are also many examples that courts have struck down. One such example is to require a permit for a campaign sign on private property. Or requiring demonstrators to pay for police. Of course, this area of law can also be abused by governments wanting to expand beyond the court-sanctioned limits. I'm sure there are plenty of local laws on the books that obviously violate or push the court sanctioned limits. In most cases it will take time, money and/or a lawsuit to challenge specific laws that exceed the court limits.
     
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  7. Sunny Goth

    Sunny Goth Original Member Coach

    Here's a good page on time, place, and manner cases (you're right, myadvice, it's all case law driven). Anyway, the page lists and discusses the cases without going into all of the legalese.
     

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