General Discussion

The Velveteen Ocelot

(130,768 posts)

38. "Free speech zones" and related concepts have been litigated for many years.

Wed Nov 23, 2016, 07:20 PM

Nov 2016

The whole idea comes from the long-established principle that the First Amendment allows for certain time, place and manner restrictions. Regulations creating these restrictions are considered constitutional as long as (1) the regulation serves an important governmental interest; (2) the government interest served by the regulation is unrelated to the suppression of a particular message; (3) the regulation is narrowly tailored to serve the government's interest; and (4) the regulation leaves open ample alternative means for communicating messages. (Ward v. Rock Against Racism) Other federal cases have held that restricting people to free speech zones can't be based on the content of their message.

Most of the "free speech zone" litigation arose during the Bush administration and it remains controversial. No doubt litigation will continue.

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GOP Will Pass Laws Scuttling 1st Amendment. [View all] TheMastersNemesis Nov 2016 OP

Congress can't pass laws "scuttling the First Amendment." The Velveteen Ocelot Nov 2016 #1

Well said n/t SickOfTheOnePct Nov 2016 #2

I'm always a bit surprised at the extent to which basic constitutional principles The Velveteen Ocelot Nov 2016 #3

Same here n/t SickOfTheOnePct Nov 2016 #4

I'm amazed as well. n/t paleotn Nov 2016 #28

like they did edhopper Nov 2016 #5

Totally different legal issue. I think the decision was wrong, The Velveteen Ocelot Nov 2016 #8

Lets not let facts get in the way of scare tactics. Bob41213 Nov 2016 #6

Had you heard of the First Amendment Defense Act (FADA) which the RW crowd has queued up to pass? Hugin Nov 2016 #7

The current Supreme Court has been very protective of First Amendment rights. The Velveteen Ocelot Nov 2016 #9

We live in a different world now. Hugin Nov 2016 #11

I can't imagine any federal court, including the Supreme Court, The Velveteen Ocelot Nov 2016 #13

The key word here being "current" kcr Nov 2016 #24

In theory you're right... white_wolf Nov 2016 #25

They would need an amendment to repeal it. Won't happend still_one Nov 2016 #31

The creation of press pens and so-called "Free Speech Zones" ... 11 Bravo Nov 2016 #36

"Free speech zones" and related concepts have been litigated for many years. The Velveteen Ocelot Nov 2016 #38

They don't have to scuttle it. world wide wally Nov 2016 #10

There again - they can't just "open up the press to libel laws." The Velveteen Ocelot Nov 2016 #12

Maybe they won't this week, but give them a year or so world wide wally Nov 2016 #14

You guys don't seem to get how this works. The Velveteen Ocelot Nov 2016 #15

Have you noticed how they have chipped away at Roe V Wade? world wide wally Nov 2016 #17

"They" would mean attempts in state legislatures to limit abortion rights. The Velveteen Ocelot Nov 2016 #19

Excellent posts malaise Nov 2016 #23

If Trump said he wanted to ban the First Amendment Dreamer Tatum Nov 2016 #18

I hope both of you are right, but I am afraid you are basing your (very sound) logic on the US world wide wally Nov 2016 #20

I hope they are correct too, WWW. Hugin Nov 2016 #21

Instead of scattershooting OPs like you do Dreamer Tatum Nov 2016 #16

That would violate the constitution. Demsrule86 Nov 2016 #22

The Constitution Is Not Relevant To Them. TheMastersNemesis Nov 2016 #26

not if their handpicked supreme court says it's perfectly fine eShirl Nov 2016 #37

The Constitution Lotusflower70 Nov 2016 #27

Oh, dear lord, folks.... paleotn Nov 2016 #29

We Are On Very Foreign Terrain Now. TheMastersNemesis Nov 2016 #30

If not our institutions have failed... paleotn Nov 2016 #33

What will prevent the U.S. from descending into full-blown fascism athena Nov 2016 #32

They've already started, thank God.... paleotn Nov 2016 #34

Here's the thing about courts and judges: The Velveteen Ocelot Nov 2016 #40

Thank you for that valuable insight. athena Nov 2016 #42

The United States will break apart before the Bill of Rights gets scuttled. N/t roamer65 Nov 2016 #35

Be kinda hard to enforce if they leave the 2A intact. ileus Nov 2016 #39

I suspect it's because they're pissed that Obama scuttled the 2nd Amendment and prohibited hughee99 Nov 2016 #41

Lot of skepticism in this thread, and rightfully so... Wounded Bear Nov 2016 #43