Constitutional Law: Protection of Individual Rights: First Amendment: Time, Place, Manner Regulation
- Time, Place, Manner Regulation (Track 2).
- Apply 3-part test to regulation: Content-neutral regulation:
- (1) must further a significant government interest
- (2) must be narrowly drawn
- (3) alternative channels of communication must be left open
- Traditional Public Forum. Areas where the government is required to make available for speech.
- Sidewalks and Parks. However a law that says no trucks with sound amplification systems can operate in residential neighborhoods at nighttime.
- Regulations must be subject-matter and viewpoint neutral. If not, strict scrutiny must be met.
- Limited Public Forum. Government properties that the government could close to speech, but chooses to open to speech.
- Library, school, state fairgrounds.
- Non-public Forum. Government properties that the government constitutionally can and does close to speech.
- Military bases, jails, airports, inside of courthouse, government office building, privately owned billboards, billboards on city busses, sidewalks on U.S. Postal Service property.
- To regulate, law must only be (1) viewpoint neutral and (2) rationally related to a legitimate government interest.
- Private property – need not be made available for speech-related activities. Private shopping centers may prohibit picketing on property.