What is the current state of the law regarding time, place and manner restrictions on speech and assembly?

"New York", United States of America

The following excerpt is from People v. Maher, 137 Misc.2d 162, 520 N.Y.S.2d 309 (N.Y. City Ct. 1987):

A certain tension exists between the government's need to regulate the use of city streets to assure the safety and convenience of the public, and the constitutional right of free speech. Cox v. State of Louisiana, 379 U.S. 536, 554, 85 S.Ct. 453, 464,

Page 314

The rights of free speech and assembly, while fundamental in our democratic society, still do not mean that anyone with opinions or beliefs to express may address a group at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in the excesses of anarchy. The control of travel on the streets is a clear example of governmental responsibility to insure this necessary order. A restriction in that relation, designed to promote the public convenience in the interest of all, and not susceptible to abuses of discriminatory application, cannot be disregarded by the attempted exercise of some civil right which, in other circumstances, would be entitled protection. Cox v. State of Louisiana, supra, 379 U.S. at 554, 85 S.Ct. at 464.

Reasonable "time, place and manner" regulations may be necessary to further significant governmental interests and are allowed. Grayned v. City of Rockford, supra, 408 U.S. at 115, 92 S.Ct. at 2303.

The well-established tests for assessing the validity of such a restriction require that it (1) be content-neutral, (2) be narrowly tailored and meet a significant governmental interest, and (3) leave open ample alternative means of communication. Olivieri v. Ward, supra, 801 F.2d at 605.

Other Questions


What is the statute tolling of the limitations period between the time a final decision is issued on direct state appeal and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Is the statute of limitations tolled from the time of a final decision on direct state appeal and the time the first state collateral challenge is filed? (MultiRegion, United States of America)
What is the current state of the law when it comes to restricting the exercise of free speech on probation? (MultiRegion, United States of America)
What is the current state of the law regarding the time it takes to bring a claim for avoidable damages in a securities fraud case? (MultiRegion, United States of America)
Does the statute of limitations extend from the time a final decision is issued on direct state appeal to the time the first state collateral challenge is filed? (MultiRegion, United States of America)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
What is the current state of the law regarding post-verdict inquiries into juror's state of mind? (MultiRegion, United States of America)
Does a Notice to Appear need to state the date, time, and place of a removal hearing at the time it is sent? (MultiRegion, United States of America)
Is a restriction on the time, place and manner of exercise of First Amendment rights proper? (MultiRegion, United States of America)
In the context of the Guidelines Guidelines, what is the current state of the law regarding errors in the Guidelines? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.