JOURN 4000 1st Edition Lecture 16Outline of Last LectureI. Content based restrictionOutline of Current LectureI. Content based restrictionCurrent Lecture Content neutral ordinance doesn’t trigger strict scrutiny, but is it OK?Ledoux case- Gillio, not in favor of the Gulf War puts sign in yard opposing war, someone stole sign, complained to police, police said it was illegal to have that kind of sign-Prelim injunction, 1983 injunction-Then placed sign 8 ½ x 11, “For Peace In The Gulf”-City ordinance said no signs tells SC it is content neutral -SC some rights of expression are so important that it doesn’t make a difference if ordinance is content neutral right to express yourself on own property -1st Amendment doesn’t allow content neutral restrictions that constrict the opportunities for free expression -No replacement for this communication 1995- Capital Square, KKK wants to erect cross as apart of Christmas celebration told no -Board may regulate expression only if restriction is necessary and narrowly drawn to serve state interest -St Patrick’s Day in Boston Veteran’s Parade, gay pride group wants to join -Veterans say no These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.-Public Street? No, SC said get your own parade, you have a right to choose who/what is in your parade -University of VA mandatory student fee, University would publish student publications from these fees-Religious group wanted their publication to be published using fees-Filed 1983 action, students won b/c of viewpoint discrimination Company towns/malls- 1946- Jehovah’s Witness wanted to solicit on town street-Company town, you have the right to solicit 1972- Lloyd Corp. vs. Tanner-Lloyd Center Mall (Portland, OR)-Anti-war advocates wanted to hand out material, told no-Anti-war activists lost, SC said they could have distributed materials anywhere public -Thurgood Marshall dissented-Whether or not you can pass out materials at a mall depends on state your in -California said you can do so in malls, SC agreed that states can grant the privilege to do so (Prunyard Shopping Center) mall had content neutral policy, kicked out kids getting signatures-Takings Clause power to take private property for public use Phelps family- won Supreme Court case can a man collect damages for the Phelps family demonstrating at his son’s funeral--> didn’t know about it until afterwards no-WBC showed up at Edward Lee Meyer’s funeral -Missouri passed law saying you cannot demonstrate prior to, during, or after a funeral -8th Circuit said law is unconstitutional going back to Frisby vs. Schultz can you extend it to cover funerals weren’t going to extend it, “home means home”Manchester MO Ordinance- 2 hours after funeral, 350 feet, no picketingLegit time, place, and manner restriction-Libel law- Bill Little could have sued before 1964 libel revolution after 1964, actual malice if you’re a public official to claim libel -If you can’t take it as literally true you can’t say it’s defamatory-Headlines can get you in
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