Heffron v. International Society for Krishna
Consciousness (ISKCON) (1981)
Booth Rule:
Sale or distribution of any merchandise, including printed or
written material except under license issued [by] the Society
and/or from a duly licensed location shall be a misdemeanor.
All persons, groups or firms which desire to sell, exhibit or
distribute materials during the annual State Fair must do so
only from fixed locations on the fairgrounds.
Clark v. Community for Creative Non-Violence (1984)
1. Neither was the regulation faulted, nor could it be, on the
ground that without overnight sleeping the plight of the
homeless could not be communicated in other ways. The regulation
otherwise left the demonstration intact, with its symbolic city,
signs, and the presence of those who were willing to take their
turns in a day-and-night vigil. Respondents do not suggest that
there was, or is, any barrier to delivering to the media, or to
the public by other means, the intended message concerning the
plight of the homeless.
2. It is also apparent to us that the regulation narrowly
focuses on the Government's substantial interest in maintaining
the parks in the heart of our Capital in an attractive and
intact condition, readily available to the millions of people
who wish to see and enjoy them by their presence. To permit
camping — using these areas as living accommodations — would be
totally inimical to these purposes, as would be readily
understood by those who have frequented the National Parks
across the country and observed the unfortunate consequences of
the activities of those who refuse to confine their camping to
designated areas.
3. Damage to the parks as well as their partial inaccessibility
to other members of the public can as easily result from camping
by demonstrators as by nondemonstrators. In neither case must
the Government tolerate it. All those who would resort to the
parks must abide by otherwise valid rules for their use, just as
they must observe the traffic laws, sanitation regulations, and
laws to preserve the public peace. This is no more than a
reaffirmation that reasonable time, place, or manner
restrictions on expression are constitutionally acceptable.
Ward v. Rock Against Racism (1989)
1. A regulation of the time, place, or manner of protected
speech must be narrowly tailored to serve the government's
legitimate, content-neutral interests, but that it need not be
the least restrictive or least intrusive means of doing so.
Rather, the requirement of narrow tailoring is satisfied so long
as the . . . regulation promotes a substantial government
interest that would be achieved less effectively absent the
regulation.
2. The city's substantial interest in limiting sound volume was
served in a direct and effective way by the requirement that the
city's sound technician control the mixing board during
performances. Absent this requirement, the city's interest would
have been served less well, as is evidenced by the complaints
about excessive volume generated by respondent's past concerts.
City of Ladue v. Gilleo (1994)
1. Our prior decisions have voiced particular concern with laws
that foreclose an entire medium of expression. Thus, we have
held invalid ordinances that completely banned the distribution
of pamphlets within the municipality; handbills on the public
streets; [and] the door-to-door distribution of literature.
Although prohibitions foreclosing entire media may be completely
free of content or viewpoint discrimination, the danger they
pose to the freedom of speech is readily apparent—by eliminating
a common means of speaking, such measures can suppress too much
speech.
Ladue contends, however, that its ordinance is a mere regulation
of the "time, place, or manner" of speech because residents
remain free to convey their desired messages by other means,
such as hand-held signs, "letters, handbills, flyers, telephone
calls, newspaper advertisements, bumper stickers, speeches, and
neighborhood or community meetings." In this case, we are not
persuaded that adequate substitutes exist for the important
medium of speech that Ladue has closed off.
2. Displaying a sign from one's own residence often carries a
message quite distinct from placing the same sign someplace
else, or conveying the same text or picture by other means.
Precisely because of their location, such signs provide
information about the identity of the "speaker." As an early and
eminent student of rhetoric observed, the identity of the
speaker is an important component of many attempts to persuade.
A sign advocating "Peace in the Gulf" in the front lawn of a
retired general or decorated war veteran may provoke a different
reaction than the same sign in a 10-year old child's bedroom
window or the same message on a bumper sticker of a passing
automobile. An espousal of socialism may carry different
implications when displayed on the grounds of a stately mansion
than when pasted on a factory wall or an ambulatory sandwich
board.
Residential signs are an unusually cheap and convenient form of
communication. Especially for persons of modest means or limited
mobility, a yard or window sign may have no practical
substitute. Even for the affluent, the added costs in money or
time of taking out a newspaper advertisement, handing out
leaflets on the street, or standing in front of one's house with
a hand-held sign may make the difference between participating
and not participating in some public debate. Furthermore, a
person who puts up a sign at her residence often intends to
reach neighbors, an audience that could not be reached nearly as
well by other means.
Martin v. Struthers (1943)
While door to door distributers of literature may be either a
nuisance or a blind for criminal activities, they may also be
useful members of society engaged in the dissemination of ideas
in accordance with the best tradition of free discussion. The
widespread use of this method of communication by many groups
espousing various causes attests its major importance.
"Pamphlets have proved most effective instruments in the
dissemination of opinion. And perhaps the most effective way of
bringing them to the notice of individuals is their distribution
at the homes of the people." Many of our most widely established
religious organizations have used this method of disseminating
their doctrines, and laboring groups have used it in recruiting
their members. The federal government, in its current war bond
selling campaign, encourages groups of citizens to distribute
advertisements and circulars from house to house. Of course, as
every person acquainted with political life knows, door to door
campaigning is one of the most accepted techniques of seeking
popular support, while the circulation of nominating papers
would be greatly handicapped if they could not be taken to the
citizens in their homes. Door to door distribution of circulars
is essential to the poorly financed causes of little people.
Freedom to distribute information to every citizen wherever he
desires to receive it is clearly vital to the preservation of a
free society.
Packingham v. North Carolina (2017)
Lester Packingham's Facebook post:
Man, God is Good! How about I got so much favor they dismissed
the ticket before court even started? No fine, no court cost, no
nothing spent . . . . Praise be to GOD, WOW! Thank JESUS!