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In reply to the discussion: They said no to a white nationalist. Now Penn State, Ohio State are being sued. [View all]Demsrule86
(71,542 posts)The U.S. Court of Appeals for the District of Columbia stated in Christian Knights of KKK v. District of Columbia10 that when using a public forum, "...speakers do not have a constitutional right to convey their message whenever, wherever and however they please."11
Accordingly, the government may regulate a marcher's use of the streets based on legitimate interests, such as: 1) Accommodating conflicting demands by potential users for the same place; 2) protecting those who are not interested onlookers, like a "captive audience" in a residential neighborhood, from the adverse collateral effects of the speech; and 3) protecting public order.
The court emphasized that a permit process cannot be used to "...impose even a place restriction on a speaker's use of a public forum on the basis of what the speaker will say, unless there is a compelling interest for doing so, and the restriction is necessary to serve the asserted compelling interest."12
The court ruled the city's denial of a permit request from the Ku Klux Klan to march 11 blocks and the resulting decision to limit the march to only 4 blocks was unconstitutionally based on anticipated listener reaction, which turns on the group marching, the message of the group, and the extent of antagonism, discord, and strife the march would generate.13
However, the court also held that a restriction based on the threat of violence could be constitutionally justified if that threat of violence is beyond reasonable control of the police.
http://www.lectlaw.com/files/con10.htm