The government may not restrict expression based on its message, ideas, subject matter, or content.
A city ordinance prohibited picketing near school buildings during school hours but exempted peaceful picketing related to labor disputes. A respondent who engaged in peaceful picketing regarding racial discrimination challenged the ordinance's constitutionality. The court considered whether the ordinance violated the Equal Protection Clause of the Fourteenth Amendment by making an impermissible distinction based on the subject matter of the expression. The court held that the government may not restrict expression based on its message, ideas, or content. Because the ordinance selectively excluded certain topics from a public forum, it was unconstitutional.
At page 95 Government restriction on expression based on message320 citing cases“above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”
- Montana Citizens for Right to Work v. Mangan, 580 F. Supp. 3d 911 (D. Mont. 2022).published([A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin July 20, 2015).published Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972) (“Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say”).
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin June 18, 2015).published Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972) (“Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say”).
- In Re Attorney Gen.'s "Directive on Exit Polling: Media & Non-Partisan Pub. Interest Groups,", 981 A.2d 64 (N.J. 2009).published ([T]he First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Hill v. Colorado, 530 U.S. 703 (2000).published Similarly, we have recognized that statutes can equally restrict all “picketing.” See, e. g., Police Dept. of Chicago v. Mosley, 408 U. S. 92, 98 (1972) (“This is not to say that all picketing must always be allowed.
- Michael A. Kroll v. United States Capitol Police, 847 F.2d 899 (D.C. Cir. 1988).published “above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content”
- Kelly v. Lightfoot, No. 1:22-cv-04533 (N.D. Ill. Sept. 2, 2022). ([T]he First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- William Thomas v. Clay Bright, 937 F.3d 721 (6th Cir. 2019).published Police Dep’t of City of Chicago v. Mosley, 408 U.S. 92 , 96 (1972) (“Selective exclusions from [speech restrictions] may not be based on content alone, and may not be justified by reference to content alone.”); see City of Ladue v. Gilleo,…
- Gersh v. Anglin, 353 F. Supp. 3d 958 (D. Mont. 2018).published (Above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Gutierrez-Soto v. Sessions, 317 F. Supp. 3d 917 (W.D. Tex. 2018).published(Above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
Show 195 more citing cases
- Koontz v. Watson, 283 F. Supp. 3d 1007 (D. Kan. 2018).published ([T]he First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Pulphus v. Ayers, 249 F. Supp. 3d 238 (D.D.C. 2017).published ([A]bove all else, the First Amendment means that [the] government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- In RE:TAM en Banc, 808 F.3d 1321 (Fed. Cir. 2015).published ([A]bove all else, the First Amendment means that the government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Reed v. Town of Gilbert, 576 U.S. 155 (2015).published Police Dept. of Chicago v. Mosley, 408 U.S. 92 , 96, 92 S.Ct. 2286 , 33 L.Ed.2d 212 (1972)("Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of wh…
- Cahaly v. Larosa, 25 F. Supp. 3d 817 (D.S.C. 2014).published ([AJbove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Brown v. Livingston, 17 F. Supp. 3d 616 (S.D. Tex. 2014).published (But, above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Am. Freedom Def. Initiative v. Washington Metro. Area Transit Auth., 898 F. Supp. 2d 73 (D.D.C. 2012).published ([A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content)
- Ostergren v. Cuccinelli, No. 09-1723 (4th Cir. Aug. 2, 2010).published([T]he First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010).published ([T]he First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- State v. Otterstad, 734 N.W.2d 642 (Minn. 2007).published ([A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250 (11th Cir. 2005).published ([A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.)
- Waremart Foods v. Nat'l Labor Relations Bd., 354 F.3d 870 (D.C. Cir. 2004).published “the central problem with chicago's ordinance is that it describes permissible picketing in terms of its subject matter.”
- Auburn Police Union v. Carpenter, 8 F.3d 886 (1st Cir. 1993).published
- Serv. Employees Int'l Union, Afl-Cio, Clc California State Council of Serv. Employees/cope California Teachers Ass'n California Teachers Ass'n for Better Citizenship Political Action Comm. Comm. to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Comm. Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby v. Fair Political Practices Comm'n, & Quentin L. Kopp Ross Johnson, Defendants-Intervenors-Appellants. Serv. Employees Int'l Union, Afl-Cio, Clc California State Council of Serv. Employees/cope California Teachers Ass'n California Teachers Ass'n for Better Citizenship Political Action Comm. Comm. to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Comm. Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby, California Democratic Party, an Inc. Ass'n, in Intervention-Appellee v. Quentin L. Kopp Ross Johnson, Defendants-Intervenors-Appellants, & Fair Political Practices Comm'n, Defendant-Intervenor. Serv. Employees Int'l Union, Afl-Cio, Clc California State Council of Serv. Employees/cope California Teachers Ass'n California Teachers Ass'n for Better Citizenship Political Action Comm. Comm. to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Comm. Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby, California Democratic Party, an Inc. Ass'n, Plaintiff-Intervenor-Appellee v. Fair Political Practices Comm'n, & Quentin L. Kopp Ross Johnson, Defendants-Intervenors, 955 F.2d 1312 (9th Cir. 1992).published
- United Fac. of Fla. v. Fla. Bd. of Regents, 585 So. 2d 991 (Fla. 1st DCA 1991).published
- State v. Borowski, 220 P.3d 100 (Or. Ct. App. 2009).published
- Serv. Employees Int'l Union v. Fair Political Practices Comm'n, 955 F.2d 1312 (9th Cir. 1992).published
- Wagner v. Fed. Election Comm'n, 854 F. Supp. 2d 83 (D.D.C. 2012).published
- Daniel D. Rappa, Sr. v. New Castle Cnty. Dennis E. Greenhouse Robert W. O'Brien John C. Carney, Jr. Mark A. Kleinschmidt William S. McIntyre Daniel D. Rappa, Sr. v. State of Delaware Dep't of Transp. of the State of Delaware Kermit H. Just., Ann Canby, Sec'y, in Her Off. Capacity, & Kermit H. Just., in His Individual Capacity, 18 F.3d 1043 (3d Cir. 1994).published
- Christ's Bride v. SEPTA, No. 96-1829 (3d Cir. June 25, 1998).
- NLRB v. Iab, Local 229, No. 17-73210 (9th Cir. Sept. 11, 2020).published
- Campbell v. St. Tammany Par. Sch. Bd., 231 F.3d 937 (5th Cir. 2000).published
- Campbell v. St. Tammany Par. Sch. Bd., 300 F.3d 526 (5th Cir. 2000).published
- Texas v. Johnson, 491 U.S. 397 (1989).published
- Univ. of Pennsylvania v. Equal Emp. Opportunity Comm'n, 493 U.S. 182 (1990).published
- Bd. of Ed. of Westside Cmty. Schs. (Dist. 66) v. Mergens, 496 U.S. 226 (1990).published
- Rust v. Sullivan, 500 U.S. 173 (1991).published
- Simon & Schuster, Inc. v. Members of the New York State Crime Victims Bd., 502 U.S. 105 (1991).published
- Burson v. Freeman, 504 U.S. 191 (1992).published
- R. A. v. v. City of St. Paul, 505 U.S. 377 (1992).published
- Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993).published
- City of Ladue v. Gilleo, 512 U.S. 43 (1994).published
- Hurley v. Irish-Am. Gay, Lesbian & Bisexual Grp. of Boston, Inc., 515 U.S. 557 (1995).published
- Nat'l Endowment for the Arts v. Finley, 524 U.S. 569 (1998).published
- Ashcroft v. Am. Civil Liberties Union, 535 U.S. 564 (2002).published
- Frank Longo v. United States Postal Serv., 953 F.2d 790 (2d Cir. 1992).published
- Sammartano v. First Jud. Dist. Court, in & for the Cnty. of Carson City, 303 F.3d 959 (1st Cir. 2002).published
- Donna Jean White v. Cnty. of Henrico, No. 0381022 (Va. Ct. App. Feb. 24, 2004).published
- Dianna Lee White v. Cnty. of Henrico, No. 0380022 (Va. Ct. App. Feb. 24, 2004).published
- Miltier, III v. Miltier (Buhls), 31 S.W.3d 583 (Tenn. Ct. App. 2000).published
- Adams Outdoor Advert. v. City of Newport News, 373 S.E.2d 917 (Va. 1988).published
- Pesek v. City of Brunswick, 794 F. Supp. 768 (N.D. Ohio 1992).published
- State v. Mitchell, 485 N.W.2d 807 (Wis. 1992).published
- State v. McGirk, 999 S.W.2d 298 (Mo. Ct. App. 1999).published
- Telco Commc'ns, Inc. v. Barry, 731 F. Supp. 670 (D.N.J. 1990).published
- Hamilton Amusement Ctr. v. Verniero, 716 A.2d 1137 (N.J. 1998).published
- Boston v. Back Bay Cultural Ass'n, Inc., 635 N.E.2d 1175 (Mass. 1994).published
- South Carolina Educ. Ass'n v. Campbell, 697 F. Supp. 908 (D.S.C. 1988).published
- Nat'l Broad. Co., Inc. v. Cleland, 697 F. Supp. 1204 (N.D. Ga. 1988).published
- McCollum v. CBS, INC., 202 Cal. App. 3d 989 (Cal. Ct. App. 1988).published
- Aldrich v. Knab, 858 F. Supp. 1480 (W.D. Wash. 1994).published
- City of Fresno v. Press Commc'ns, Inc., 31 Cal. App. 4th 32 (Cal. Ct. App. 1994).published
- Clift v. Narragansett Television L.P., 688 A.2d 805 (R.I. 1996).published
- Ranch House, Inc. v. Amerson, 22 F. Supp. 2d 1296 (N.D. Ala. 1998).published
- Campbell v. Regents of Univ. of California, 106 P.3d 976 (Cal. 2005).published
- Milwaukee Cnty. v. Mary F.-R., 2013 WI 92, 823 N.W.2d 841.published
- Delores O'Brien Heffernan v. Arlington Cnty. Dep't of Human Servs., No. 2102134 (Va. Ct. App. June 17, 2014).unpublished
- Planned Parenthood of South Carolina Inc. v. Rose, 361 F.3d 786 (4th Cir. 2004).published
- Menotti v. City of Seattle, 409 F.3d 1113 (9th Cir. 2005).published
- Untitled California Attorney Gen. Opinion, No. 91-808 (Cal. Att'y Gen. Apr. 20, 1993).published
- Epicurean Developments LLC v. Summit Twp., No. 334355 (Mich. Ct. App. Feb. 28, 2017).unpublished
- Centro De La Comunidad Hispana De Locust Valley v. Town of Oyster Bay, 868 F.3d 104 (2d Cir. 2017).published
- Ex Parte: Jordan Jones, No. 12-17-00346-CV (Tex. App.—Tyler Nov. 29, 2017).published
- Nat'l Inst. of Fam. & Life Advocates v. Becerra, 585 U.S. 755 (2018).published
- Int'l Outdoor, Inc. v. City of Troy, Mich., 974 F.3d 690 (6th Cir. 2020).published
- Robert W. Otto v. City of Boca Raton, Florida, 981 F.3d 854 (11th Cir. 2020).published
- S.B. v. S.S. Apl of: S.S., 243 A.3d 90 (Pa. 2020).published
- Columbus v. Fabich, 2020-Ohio-7011, 166 N.E.3d 101.published
- Town of Islip v. Caviglia, 540 N.E.2d 215 (N.Y. 1989).published
- Virginia Parkhouse v. Stringer, 55 A.D.3d 1 (N.Y. App. Div. 1st Dep't 2008).published
- Dawson v. Vill. of Spring Valley, 151 Misc. 2d 128 (N.Y. Sup. Ct. 1991).published
- City of Austin v. Reagan Nat'l Advert. of Austin, LLC, 596 U.S. 61 (2022).published
- City of Boston v. Back Bay Cultural Ass'n, 635 N.E.2d 1175 (Mass. 1994).published
- Morascini v. Comm'r of Pub. Saf., 675 A.2d 1340 (Conn. 1996).published
- T&D Video, Inc. v. Revere, 3 Mass. L. Rptr. 427 (Mass. Super. Ct. 1994).published
- Tierney v. City of Methuen, 12 Mass. L. Rptr. 340 (Mass. Super. Ct. 2000).published
- Mitchell v. Comm'n on Adult Ent. Establishments of Delaware, 764 F. Supp. 928 (D. Del. 1991).published
- Brokamp v. James, 66 F.4th 374 (2d Cir. 2023).published
- Lacroix v. Town of Fort Myers Beach, Florida, No. 2:20-cv-00992 (M.D. Fla. Mar. 22, 2021).
- L.D. Mgmt. Co. v. Thomas, No. 3:18-cv-00722 (W.D. Ky. Apr. 24, 2020).
- Chelsey Nelson Photography LLC v. Louisville/Jefferson Cnty. Metro Gov't, 479 F. Supp. 3d 543 (W.D. Ky. 2020).published
- Saltz v. City of Frederick, Maryland, 538 F. Supp. 3d 510 (D. Md. 2021).published
- Saltz v. City of Frederick, Maryland, No. 1:20-cv-00831 (D. Md. Aug. 16, 2021).
- Vitagliano v. Cnty. Of Westchester, No. 7:22-cv-09370 (S.D.N.Y. Jan. 3, 2023).
- Hulinsky v. Cnty. of Westchester Cnty. Dep't of Pub. Saf., 670 F. Supp. 3d 100 (S.D.N.Y. 2023).
- Owen v. City of Buffalo, 465 F. Supp. 3d 267 (W.D.N.Y. 2020).published
- Adamides v. Warren, No. 6:21-cv-06613 (W.D.N.Y. July 15, 2022).
- Linn v. Utt, 2024-Ohio-3097.published
- Minter v. City of Aurora, Colorado, No. 1:20-cv-02172 (D. Colo. Mar. 28, 2022).
- A & R Eng'g & Testing, Inc. v. City Of Houston, 582 F. Supp. 3d 415 (S.D. Tex. 2022).published
- Leighty v. Spokane Cnty., No. 2:24-cv-00165 (E.D. Wash. July 16, 2024).
- S.D. v. N.B., 306 A.3d 211 (N.H. 2023).published
- Proj. Veritas v. Michael Schmidt, 125 F.4th 929 (9th Cir. 2025).published
- Burre v. Utt, 2025-Ohio-29, 260 N.E.3d 716.published
- Robol v. Columbus, 2025-Ohio-973, 268 N.E.3d 508.published
- Associated Press v. Taylor Budowich, No. 25-5109 (D.C. Cir. June 6, 2025).published
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- State v. Sutton, 2025-Ohio-2469.published
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- Catholic Charities of Jackson v. Gretchen Whitmer, 162 F.4th 686 (6th Cir. 2025).published
- Disciplinary Couns. v. Rudduck, 2026-Ohio-1126.published
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- People v. Webster, 2026 IL App (2d) 250185.published
- Utah Political Watch v. Musselman, 179 F.4th 1241 (10th Cir. 2026).published
- Theis v. Intermountain Educ. Serv. Dist. - Bd. of Directors, No. 25-8039 (9th Cir. July 21, 2026).published
- Commonwealth of Massachusetts v. Sec'y of Health & Human Servs., 899 F.2d 53 (1st Cir. 1990).published
- Cannon v. City & Cnty. of Denver, 998 F.2d 867 (10th Cir. 1993).published
- All. for Cmty. Media the All. for Commc'ns Democracy People for the Am. Way v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors (Two Cases). Denver Area Educ. Telecomm. Consortium Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Morality in Media, Amicus Curiae. Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Nat'l Law Ctr. for Child. & Families Nat'l Legal Found., Amici Curiae, 10 F.3d 812 (D.C. Cir. 1994).published
- Christ's Bride Ministries, Inc. v. Se. Pennsylvania Transp. Auth. Transp. Display's Inc, 148 F.3d 242 (3d Cir. 1998).published
- State v. Econ. Freedom Fund, 959 N.E.2d 794 (Ind. 2011).published
- Pahls v. Thomas, 718 F.3d 1210 (10th Cir. 2013).published
- Howard v. Commonwealth, 671 S.E.2d 156 (Va. 2009).published
- Busch v. Marple Newtown Sch. Dist., 567 F.3d 89 (3d Cir. 2009).published
- Startzell v. City of Philadelphia, Pennsylvania, 533 F.3d 183 (3d Cir. 2008).published
- State v. Post, 541 N.W.2d 115 (Wis. 1995).published
- Lewis v. City of Tulsa, 775 P.2d 821 (Okla. Crim. App. 1989).published
- Gascoe, Ltd. v. Newtown Tp., Bucks Cnty., 699 F. Supp. 1092 (E.D. Pa. 1988).published
- Comite Pro-Celebracion v. Claypool, 863 F. Supp. 682 (N.D. Ill. 1994).published
- Com. of Mass. v. Bowen, 679 F. Supp. 137 (D. Mass. 1988).published
- Myers v. Cnty. of Orange, 870 F. Supp. 555 (S.D.N.Y. 1994).published
- MS Com'n on Jud. Perf. v. Wilkerson, 876 So. 2d 1006 (Miss. 2004).published
- Congregation Lubavitch v. City of Cincinnati, 807 F. Supp. 1353 (S.D. Ohio 1992).published
- Fairfax Covenant Church v. FAIRFAX CTY. Sch. BD., 811 F. Supp. 1137 (E.D. Va. 1993).published
- Harper v. Crockett, 868 F. Supp. 1557 (E.D. Ark. 1994).published
- Vergara v. City of Waukegan, 590 F. Supp. 2d 1024 (N.D. Ill. 2008).published
- Franklin Jefferson. Ltd. v. City of Columbus, 244 F. Supp. 2d 835 (S.D. Ohio 2003).published
- Tauber v. Town of Longmeadow, 695 F. Supp. 1358 (D. Mass. 1988).published
- Time Warner Cable v. City of New York, 943 F. Supp. 1357 (S.D.N.Y. 1996).published
- Walker v. Bain, 65 F. Supp. 2d 591 (E.D. Mich. 1999).published
- Ent. Network, Inc. v. Lappin, 134 F. Supp. 2d 1002 (S.D. Ind. 2001).published
- B & B Coastal Enter., Inc. v. Demers, 276 F. Supp. 2d 155 (D. Me. 2003).published
- Amidon v. Student Ass'n. of State Univ. Of New York, 399 F. Supp. 2d 136 (N.D.N.Y. 2005).published
- Levine v. Clement, 333 F. Supp. 2d 1 (D. Mass. 2004).published
- Saieg v. City of Dearborn, 720 F. Supp. 2d 817 (E.D. Mich. 2010).published
- McCullen v. Coakley, 573 U.S. 464 (2014).published
- State ex rel. Fair v. Canton, 2012-Ohio-779.published
- John Doe v. Kamala Harris, 772 F.3d 563 (9th Cir. 2014).published
- People of Michigan v. Vickie Rose Hamlin, No. 321352 (Mich. Ct. App. Dec. 10, 2015).unpublished
- Sgt. Jeffrey Sarver v. Nicolas Chartier, 813 F.3d 891 (9th Cir. 2016).published
- Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 848 F.3d 1293 (11th Cir. 2017).published
- Libertarian Nat'l Comm., Inc. v. Fed. Election Comm'n, No. 2016-0121 (D.D.C. June 29, 2018).published
- State v. Shackelford, 825 S.E.2d 689 (N.C. Ct. App. 2019).published
- Speech First, Inc. v. Timothy L. Killeen, 968 F.3d 628 (7th Cir. 2020).published
- Reagan Natl Advtsng of Austin v. City of Au, 972 F.3d 696 (5th Cir. 2020).published
- Annemarie Catlett v. Robert Lee Teel, 477 P.3d 50 (Wash. Ct. App. 2020).published
- Oettle v. Guthrie, 2020 IL App (5th) 190306, 189 N.E.3d 22.published
- United States v. Jules Bartow, 997 F.3d 203 (4th Cir. 2021).published
- State v. Wooden, 388 S.W.3d 522 (Mo. 2013).published
- State v. Blankenship, 415 S.W.3d 116 (Mo. 2013).published
- Columbus Bar Assn. v. Bahan (Slip Opinion), 2022-Ohio-1210, 203 N.E.3d 634.published
- Studer v. Vets. of Foreign Wars Post 3767, 925 N.E.2d 629 (Ohio Ct. App. 11th Dist. 2009).published
- All. for Cmty. Media v. Fed. Commc'ns Comm'n, 10 F.3d 812 (D.C. Cir. 1993).published
- Action for Child.'s Television v. Fed. Commc'ns Comm'n, 58 F.3d 654 (D.C. Cir. 1995).published
- Thomas v. Schroer, 116 F. Supp. 3d 869 (W.D. Tenn. 2015).published
- Animal Legal Def. Fund v. Otter, 118 F. Supp. 3d 1195 (D. Idaho 2015).published
- Working Am., Inc. v. City of Bloomington, 142 F. Supp. 3d 823 (D. Minn. 2015).published
- Gerlich v. Leath, 152 F. Supp. 3d 1152 (S.D. Iowa 2016).published
- A.N.S.W.E.R. Coalition v. Jewell, 153 F. Supp. 3d 395 (D.D.C. 2016).published
- Patriotic Vets., Inc. v. Indiana, 177 F. Supp. 3d 1120 (S.D. Ind. 2016).published
- Indiana Civil Liberties Union Found., Inc. v. Indiana Sec'y of State, 229 F. Supp. 3d 817 (S.D. Ind. 2017).published
- GJJM Enters., LLC v. City of Atl. City, 293 F. Supp. 3d 509 (D.N.J. 2017).published
- Libertarian Nat'l Comm., Inc. v. Fed. Election Comm'n, 317 F. Supp. 3d 202 (D.C. Cir. 2018).published
- GJJM Enters., LLC v. City of Atl. City, 352 F. Supp. 3d 402 (D.N.J. 2018).published
- Amawi v. Pflugerville Indep. Sch. Dist., 373 F. Supp. 3d 717 (W.D. Tex. 2019).published
- State v. Melchert-Dinkel, 844 N.W.2d 13 (Minn. 2014).published
- In re Washington Newspaper Publ'g Co., 72 Va. Cir. 186 (Fairfax Cir. Ct. 2006).published
- Amidon v. Student Ass'n of the State Univ., 399 F. Supp. 2d 136 (N.D.N.Y. 2005).published
- Texas Med. Providers Performing Abortion Servs. v. Lakey, 806 F. Supp. 2d 942 (W.D. Tex. 2011).published
- Wandering Dago Inc. v. New York State Off. of Gen. Servs., 992 F. Supp. 2d 102 (N.D.N.Y. 2014).published
- Boe v. Marshall, No. 2:22-cv-00184 (M.D. Ala. May 13, 2022).
- Katz v. Liberty Power Corp., LLC, No. 1:18-cv-10506, 2019 WL 4645524 (D. Mass. Sept. 24, 2019).
- Hedrick v. W. Michigan Univ., No. 1:22-cv-00308 (W.D. Mich. Oct. 17, 2022).
- Thunderhawk v. Morton, Cnty. of, North Dakota, 701 F. Supp. 3d 849 (D.N.D. 2023).published
- Cipolla-Dennis v. Cnty. of Tompkins, No. 3:18-cv-01241 (N.D.N.Y. Mar. 15, 2021).
- Weinberg v. Zimmer, No. 5:17-cv-00021 (N.D.N.Y. Apr. 29, 2021).
- Bimber's Delwood, Inc. v. James, 496 F. Supp. 3d 760 (W.D.N.Y. 2020).published
- Friends of George's, Inc. v. Steven Mulroy, 108 F.4th 431 (6th Cir. 2024).published
- Joseph Nussbaumer, Jr. v. Sec'y, Florida Dept of Child. & Families, 150 F.4th 1371 (11th Cir. 2025).published
- The Florida Bar v. Christopher W. Crowley, No. SC2020-0529 (Fla. July 9, 2026).published
- Grenning v. Key, No. 23-3018 (9th Cir. Aug. 26, 2026).published
- Montana Right to Life Ass'n v. Eddleman, 343 F.3d 1085 (9th Cir. 2003).published“The crucial question is whether there is an appropriate government interest suitably furthered by the differential treatment.”
- Thomas S. Culver v. Sec'y of the Air Force, 559 F.2d 622 (D.C. Cir. 1977).published“[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”
- Honolulu Weekly Inc. v. Harris, 298 F.3d 1037 (9th Cir. 2002).published“[Ajbove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”
- Montana Right to Life Ass'n v. Eddleman, 306 F.3d 874 (9th Cir. 2002).published“The crucial question is whether there is an appropriate government interest suitably furthered by the differential treatment.”
- Charles E. Helton v. Nat'l Labor Relations Bd., 656 F.2d 883 (D.C. Cir. 1981).published“above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content”
- San Francisco Cnty. Democratic Cent. Comm. v. March Fong Eu, 792 F.2d 802 (9th Cir. 1986).published“government has no power to restrict expression because of its message, its ideas, its subject matter, or its content”
- San Francisco Cnty. Democratic Cent. Comm. v. Eu, 826 F.2d 814 (9th Cir. 1987).published“government has no power to restrict expression because of its message, its ideas, its subject matter, or its content”
- Charles Mozzochi v. Richard S. Borden, Jr., Paul J. Gibbons, Richard S. Borden, Jr., Paul J. Gibbons, Town of Glastonbury, 959 F.2d 1174 (2d Cir. 1992).published“[Ajbove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”
- Auburn Police Union v. Michael E. Carpenter, Attorney Gen. of the State of Maine, Auburn Police Union v. Michael Carpenter, Attorney Gen. of the State of Maine, 8 F.3d 886 (1st Cir. 1993).published“Of course, the equal protection claim in this case is closely intertwined with First Amendment interests.”
- Robert Davis, Cross-Appellee v. Ed Yovella, Chief Anthony Bowman William T. Snyder, Chancellor Univ. of Tennessee Robert Wyrick Burl Harris, 110 F.3d 63 (6th Cir. 1997).unpublished“[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter or its content.”
- Honolulu Weekly, Inc., a Hawaii Corp. v. Jeremy Harris, Mayor of the City & Cnty. of Honolulu Carol L. Costa, Dir. of the Dep't of Customer Servs. City & Cnty. of Honolulu Roy K. Memiya, Dir. of the Dep't of Budget & Fiscal Servs., Honolulu Weekly, Inc., a Hawaii Corp. v. Jeremy Harris, Mayor of the City & Cnty. of Honolulu Carol L. Costa, Dir. of the Dep't of Customer Servs. City & Cnty. of Honolulu Roy K. Amemiya, Dir. of the Dep't of Budget & Fiscal Servs., 298 F.3d 1037 (9th Cir. 2002).published“[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”
- Student Gov't Ass'n v. Bd. of Trs. of Univ. of Massachusetts, 676 F. Supp. 384 (D. Mass. 1987).published“The central problem with Chicago’s ordinance is that it describes permissible picketing in terms of its subject matter.”
- Ancheta v. Watada, 135 F. Supp. 2d 1114 (D. Haw. 2001).published“[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content”
- Demarest v. Athol/Orange Cmty. Television, Inc., 188 F. Supp. 2d 82 (D. Mass. 2002).published“the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”
- Penn v. State Ex Rel. Foster, 751 So. 2d 823 (La. 1999).published“[A]bove all, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content....”
At page 96 Prohibiting content-based exclusion from public forums137 citing cases“government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views.”
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin July 20, 2015).published (Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say)
- Auspro Enter., LP v. Texas Dep't of Transp., No. 03-14-00375-CV (Tex. App.—Austin June 18, 2015).published (Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say)
- Waremart Foods v. Nat'l Labor Relations Bd., 354 F.3d 870 (D.C. Cir. 2003).published (The central problem with Chicago’s ordinance is that it describes permissible picketing in terms of its subject matter.)
- City of Cuyahoga Falls v. Buckeye Cmty. Hope Found., 538 U.S. 188 (2003).published ([Government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views)
- Hill v. Colorado, 530 U.S. 703 (2000).published Similarly, we have recognized that statutes can equally restrict all “picketing.” See, e. g., Police Dept. of Chicago v. Mosley, 408 U. S. 92, 98 (1972) (“This is not to say that all picketing must always be allowed.
- Los Angeles Police Dep't v. United Reporting Publ'g Corp., 528 U.S. 32 (2000).published ([W]e have frequently condemned ... discrimination among different users of the same medium for expression)
- Gen. Media Commc'ns, Inc. v. Perry, 952 F. Supp. 1072 (S.D.N.Y. 1997).published (Necessarily, then, under the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to e…)
- Irish-Am. Gay, Lesbian & Bisexual Grp. v. City of Boston, 636 N.E.2d 1293 (Mass. 1994).published (government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views)
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983).published (Selective exclusions from a public forum may not be based on content alone)
- Doohan v. CTB Investors, LLC, 427 F. Supp. 3d 1034 (W.D. Mo. 2019).published([U]nder the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favor…)
Show 127 more citing cases
- Hand v. ARB KC, LLC. <b><font color="red"> DO NOT FILE IN THIS CASE. On 9/22/2022, this case was Consol. with 18-cv-00668-NKL. All filings should be docketed in case 18-cv-00668-NKL. </font></b>, No. 4:19-cv-00108 (W.D. Mo. Dec. 3, 2019).([U]nder the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favor…)
- Taylor v. KC Vin, LLC, No. 4:19-cv-00110 (W.D. Mo. Dec. 3, 2019).([U]nder the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favor…)
- Hand v. Beach Ent. KC, LLC. <b><font color="red">On 9/22/2022, this case was Consol. with case No. 19-cv-00108-NKL. All filings should be docketed in THIS case. </font></b>, No. 4:18-cv-00668, 2019 WL 5654351 (W.D. Mo. Oct. 31, 2019).([U]nder the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favor…)
- Smith v. Truman Road Dev., LLC, 414 F. Supp. 3d 1205 (W.D. Mo. 2019).published([U]nder the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favor…)
- William Thomas v. Clay Bright, 937 F.3d 721 (6th Cir. 2019).published “selective exclusions from speech restrictions may not be based on content alone, and may not be justified by reference to content alone.”
- Reed v. Town of Gilbert, 576 U.S. 155 (2015).published “once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say”
- Jones v. Paniagua, 212 P.3d 133 (Ariz. Ct. App. 2009).published ([g]overnment may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored ... views.)
- Summum v. Duchesne City, 482 F.3d 1251 (10th Cir. 2007).published “we have frequently condemned ... discrimination among different users of the same medium for expression.”
- Summum v. Duchesne City, 482 F.3d 1263 (10th Cir. 2007).published “we have frequently condemned . . . discrimination among different users of the same medium for expression.”
- Summum v. Pleasant Grove City, 483 F.3d 1044 (10th Cir. 2007).published “selective exclusions from a public forum may not be based on content alone, and may not be justified by reference to content alone.”
- Field Day, Llc v. Cnty. Of Suffolk, 463 F.3d 167 (2d Cir. 2006).published (Necessarily, then, under the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to e…)
- Clarence Rowe v. City of Cocoa, Florida, 358 F.3d 800 (11th Cir. 2004).published “selective exclusions from a public forum may not be based on content alone, and may not be justified by reference to content alone.”
- CWA v. Ector Cty Hosp Dist, 402 F.3d 503 (5th Cir. 2004).published
- Daniel D. Rappa, Sr. v. New Castle Cnty. Dennis E. Greenhouse Robert W. O'Brien John C. Carney, Jr. Mark A. Kleinschmidt William S. McIntyre Daniel D. Rappa, Sr. v. State of Delaware Dep't of Transp. of the State of Delaware Kermit H. Just., Ann Canby, Sec'y, in Her Off. Capacity, & Kermit H. Just., in His Individual Capacity, 18 F.3d 1043 (3d Cir. 1994).published
- Rappa v. New Castle Cnty., 18 F.3d 1043 (3d Cir. 1994).published
- Carey v. Brown, 447 U.S. 455 (1980).published
- Princeton Educ. Ass'n v. Princeton Bd. of Educ., 480 F. Supp. 962 (S.D. Ohio 1979).published
- Brown v. City of Tulsa, 124 F.4th 1251 (10th Cir. 2025).published
- Campbell v. St. Tammany Par. Sch. Bd., 231 F.3d 937 (5th Cir. 2000).published
- Campbell v. St. Tammany Par. Sch. Bd., 300 F.3d 526 (5th Cir. 2000).published
- Frank Longo v. United States Postal Serv., 953 F.2d 790 (2d Cir. 1992).published
- State v. McGirk, 999 S.W.2d 298 (Mo. Ct. App. 1999).published
- Boston v. Back Bay Cultural Ass'n, Inc., 635 N.E.2d 1175 (Mass. 1994).published
- City of Boston v. Back Bay Cultural Ass'n, 635 N.E.2d 1175 (Mass. 1994).published
- Brokamp v. James, 66 F.4th 374 (2d Cir. 2023).published
- CWA v. Ector Cty Hosp Dist, 402 F.3d 503 (5th Cir. 2006).published
- Columbia Broad. Sys., Inc. v. Democratic Nat'l Comm., 412 U.S. 94 (1973).published
- Lehman v. City of Shaker Heights, 418 U.S. 298 (1974).published
- City of Madison Jt. Sch. Dist. No. 8 v. Wisconsin Emp. Relations Comm'n, 429 U.S. 167 (1976).published
- Abood v. Detroit Bd. of Educ., 431 U.S. 209 (1977).published
- First Nat. Bank of Boston v. Bellotti, 435 U.S. 765 (1978).published
- In Re Primus, 436 U.S. 412 (1978).published
- Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981).published
- Brown v. Hartlage, 456 U.S. 45 (1982).published
- Minnesota State Bd. for Cmty. Colleges v. Knight, 465 U.S. 271 (1984).published
- Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288 (1984).published
- Roberts v. United States Jaycees, 468 U.S. 609 (1984).published
- United States v. Kokinda, 497 U.S. 720 (1990).published
- Turner Broad. Sys., Inc. v. Fed. Commc'ns Comm'n, 512 U.S. 622 (1994).published
- Rosenberger v. Rector & Visitors of Univ. of Virginia, 515 U.S. 819 (1995).published
- Denver Area Educ. Telecomm. Consortium, Inc. v. Fed. Commc'ns Comm'n, 518 U.S. 727 (1996).published
- 18 Fair empl.prac.cas. 1407, 14 Empl. Prac. Dec. P 7767 Henry B. Ayers v. W. Line Consol. Sch. Dist. v. Ms. Bessie B. Givhan, Plaintiffs-Intervenors, 555 F.2d 1309 (5th Cir. 1977).published
- Larry Williams v. Bd. of Regents of the Univ. Sys. of Georgia, Edward T. Kassinger, Etc., 629 F.2d 993 (5th Cir. 1980).published
- Taxation With Representation of Washington v. Donald T. Regan, Sec'y of the Treasury, 676 F.2d 715 (D.C. Cir. 1982).published
- Ezra Waters v. Clinton Chaffin, Etc., 684 F.2d 833 (11th Cir. 1982).published
- Knox Cnty. Local, Nat'l Rural Letter Carriers' Assoc., Plaintiffs v. Nat'l Rural Letter Carriers' Ass'n, 720 F.2d 936 (6th Cir. 1984).published
- Olivieri v. Ward, 801 F.2d 602 (2d Cir. 1986).published
- Eisenbud v. Suffolk Cnty., 841 F.2d 42 (2d Cir. 1988).published
- Congregation Lubavitch Rabbi Sholom B. Kalmanson v. City of Cincinnati, 997 F.2d 1160 (6th Cir. 1993).published
- Pinette v. Capitol Square Review & Advisory Bd., 30 F.3d 675 (6th Cir. 1994).published
- City Of New York v. United States Dep't Of Com., 34 F.3d 1114 (2d Cir. 1994).published
- Maureen Hansen v. Westerville City Sch. Dist., Bd. of Educ., 43 F.3d 1472 (6th Cir. 1994).unpublished
- The Bronx Household Of Faith v. Cmty. Sch. Dist. No. 10, 127 F.3d 207 (2d Cir. 1997).published
- Janette Hopper, & Sharon Rupp v. City of Pasco, & Arts Council of the Mid-Columbia Region, 241 F.3d 1067 (9th Cir. 2001).published
- Richard P. Hobbs v. Cnty. of Westchester & Mr. Montalto, Dir. of Playland Amusement Park, 397 F.3d 133 (2d Cir. 2005).published
- Clyde Reed v. Town of Gilbert, Arizona, 707 F.3d 1057 (9th Cir. 2013).published
- Louisiana Life, Ltd. v. McNamara, 504 So. 2d 900 (La. Ct. App. 1987).published
- Alaska Gay Coalition v. Sullivan, 578 P.2d 951 (Alaska 1978).published
- Cunningham v. State, 400 S.E.2d 916 (Ga. 1991).published
- West Virginia-Citizen Action Grp. v. Pub. Serv. Comm'n, 330 S.E.2d 849 (W. Va. 1985).published
- United Mine Workers of Am. Int'l Union Ex Rel. Trumka v. Parsons, 305 S.E.2d 343 (W. Va. 1983).published
- Sefick v. City of Chicago, 485 F. Supp. 644 (N.D. Ill. 1979).published
- Lind v. Grimmer, 859 F. Supp. 1317 (D. Haw. 1993).published
- Toward a Gayer Bicentennial Comm. v. Rhode Island Bicentennial Found., 417 F. Supp. 632 (D.R.I. 1976).published
- Century Fed., Inc. v. City of Palo Alto, 710 F. Supp. 1559 (N.D. Cal. 1988).published
- Trombetta v. Atl. City, 436 A.2d 1349 (N.J. Super. Ct. App. Div. 1981).published
- New Chancellor Cinema, Inc. v. Town of Irvington, 405 A.2d 438 (N.J. Super. Ct. App. Div. 1979).published
- Jones v. City of Key West, Fla., 679 F. Supp. 1547 (S.D. Fla. 1988).published
- State v. Koetting, 691 S.W.2d 328 (Mo. Ct. App. 1985).published
- Barnstone v. Univ. of Houston, 514 F. Supp. 670 (S.D. Tex. 1980).published
- Concerned Consumers League v. O'NEILL, 371 F. Supp. 644 (E.D. Wis. 1974).published
- Nat'l Black United Fund, Inc. v. Campbell, 494 F. Supp. 748 (D.D.C. 1980).published
- Troyer v. Town of Babylon, 483 F. Supp. 1135 (E.D.N.Y. 1980).published
- Hansen v. Ann Arbor Pub. Schs., 293 F. Supp. 2d 780 (E.D. Mich. 2003).published
- Ralphs Grocery Co. v. United Food & Com. Workers Union Local 8, 186 Cal. App. 4th 1078 (Cal. Ct. App. 2010).published
- A.N.S.W.E.R. Coalition v. Kempthorne, 537 F. Supp. 2d 183 (D.D.C. 2008).published
- Democratic Party of United States v. Nat'l Conservative Political Action Comm., 578 F. Supp. 797 (E.D. Pa. 1983).published
- Shakman v. Democratic Org. of Cook Cty., 481 F. Supp. 1315 (N.D. Ill. 1979).published
- Marcavage v. City of Chicago, 467 F. Supp. 2d 823 (N.D. Ill. 2006).published
- Cook v. Gralike, 531 U.S. 510 (2001).published
- Ronald Kidwell Julie Johnson & Charles Arnett v. City of Union & John Applegate, 462 F.3d 620 (6th Cir. 2006).published
- Midwest Media v. Symmes Twp., No. 06-3828 (6th Cir. Oct. 1, 2007).published
- Lowery v. Jefferson Cnty. Bd. of Educ., 586 F.3d 427 (6th Cir. 2009).published
- Saieg v. City of Dearborn, 641 F.3d 727 (6th Cir. 2011).published
- Ctr. for Bio-Eth v. Honolulu, No. 04-17496 (9th Cir. May 22, 2006).published
- Doyal, Craig, No. PD-0254-18 (Tex. Crim. App. Mar. 8, 2018).published
- In re Hawai'i Gov't Employees Ass'n, Local 152, 170 P.3d 324 (Haw. 2007).published
- City of New York v. United States Deptartment of Com., 34 F.3d 1114 (2d Cir. 1994).published
- Bronx Household of Faith v. Cmty. Sch. Dist. No. 10, 127 F.3d 207 (2d Cir. 1997).published
- Griffin v. Bryant, 30 F. Supp. 3d 1139 (D.N.M. 2014).published
- Boffard v. Barnes, 624 A.2d 1 (N.J. Super. Ct. App. Div. 1993).published
- Ayers v. W. Line Consol. Sch. Dist., 555 F.2d 1309 (5th Cir. 1977).published
- Serv. Employees Int'l Union, Local 73 v. Bd. of Trs. of the Univ. of Illinois, No. 2:22-cv-02099 (C.D. Ill. May 22, 2023).
- S.B.B. v. L.B.B., No. A-1852-22 (N.J. Super. Ct. App. Div. Feb. 27, 2025).unpublished
- All. for Cmty. Media the All. for Commc'ns Democracy People for the Am. Way v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors (Two Cases). Denver Area Educ. Telecomm. Consortium Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Morality in Media, Amicus Curiae. Am. Civil Liberties Union v. Fed. Commc'ns Comm'n United States of Am., New York Citizens Comm. for Responsible Media Media Access New York Brooklyn Producers' Grp. David Channon Nat'l Cable Television Ass'n, Inc., Intervenors, Nat'l Law Ctr. for Child. & Families Nat'l Legal Found., Amici Curiae, 10 F.3d 812 (D.C. Cir. 1994).published
- Congregation Lubavitch v. City of Cincinnati, 807 F. Supp. 1353 (S.D. Ohio 1992).published
- All. for Cmty. Media v. Fed. Commc'ns Comm'n, 10 F.3d 812 (D.C. Cir. 1993).published
- Animal Legal Def. Fund v. Otter, 118 F. Supp. 3d 1195 (D. Idaho 2015).published
- A.N.S.W.E.R. Coalition v. Jewell, 153 F. Supp. 3d 395 (D.D.C. 2016).published
- Thunderhawk v. Morton, Cnty. of, North Dakota, 701 F. Supp. 3d 849 (D.N.D. 2023).published
- Joseph Nussbaumer, Jr. v. Sec'y, Florida Dept of Child. & Families, 150 F.4th 1371 (11th Cir. 2025).published
- City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986).published
- Persons for Free Speech at Sac, Anne Else v. United States Air Force, Col. John R. McKone Maj. Gary Trout, in Their Off. Capacities, 675 F.2d 1010 (8th Cir. 1982).published
- Brown v. Alexander, 718 F.2d 1417 (6th Cir. 1983).published
- Don Ater v. David Armstrong & Leon E. Jones, Sr., 961 F.2d 1224 (6th Cir. 1992).published
- Outdoor Sys., Inc. v. City of Atlanta, 885 F. Supp. 1572 (N.D. Ga. 1995).published
- NAACP Legal Def. & Educ. Fund, Inc. v. Devine, 567 F. Supp. 401 (D.D.C. 1983).published
- Am. Civil Liberties Union v. City & Cnty. of Denver, 569 F. Supp. 2d 1142 (D. Colo. 2008).published
- People Tags, Inc. v. Jackson Cnty. Legislature, 636 F. Supp. 1345 (W.D. Mo. 1986).published
- Besler v. Bd. of Educ. of W. Windsor, 993 A.2d 805 (N.J. 2010).published
- Missouri ex rel. Missouri High. & Transp. Comm'n v. Cuffley, 927 F. Supp. 1248 (E.D. Mo. 1996).published
- McGuire v. Reilly, 122 F. Supp. 2d 97 (D. Mass. 2000).published
- Superior Sav. Ass'n v. Cleveland Council of Unemployed Workers, 344 N.E.2d 91 (Ohio Ct. App. 8th Dist. 1986).published
- Kamal Youkhanna v. City of Sterling Heights, 934 F.3d 508 (6th Cir. 2019).published
- Besler v. Bd. of Educ., 993 A.2d 805 (N.J. 2010).published
- United Food & Com. Workers Local 99 v. Brewer, 817 F. Supp. 2d 1118 (D. Ariz. 2011).published
- Brown v. Alexander, 718 F.2d 1417 (6th Cir. 1983).published
- Roussel v. Mayo, No. 1:22-cv-00285 (D. Me. Nov. 30, 2022).
- Young Am.'s Found. v. Berthelsen, No. 0:18-cv-01864 (D. Minn. Feb. 26, 2019).
- Brown v. City of Tulsa, No. 4:19-cv-00538 (N.D. Okla. Nov. 21, 2023).
- B & L Prods., Inc. v. Gavin Newsom, 700 F. Supp. 3d 894 (C.D. Cal. 2023).published
- Globe Newspaper Co. v. Beacon Hill Architectural Comm'n, 847 F. Supp. 178 (D. Mass. 1994).published“[s]elective exclusions from a public form may not be based on content alone, and may not be justified by reference to content alone.”
- Evans v. Romer, 882 P.2d 1335 (Colo. 1994).published“government may not grant the use of a forum to people whose views it finds acceptable, but deny use *1349 to those wishing to express less favored or more controversial views”
- Bullfrog Films, Inc. v. Charles Z. Wick, Dir., United States Info. Agency, 847 F.2d 502 (9th Cir. 1988).published“government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views.”
- Opinion No. (Ark. Att'y Gen. 2003).published“[U]nder the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favor…”
- Am. Library Ass'n, Inc. v. United States, 201 F. Supp. 2d 401 (E.D. Pa. 2002).published“Selective exclusions from a public forum may not be based on content alone, and may not be justified by reference to content alone.”
- Esperanza Peace & Just. Ctr. v. City of San Antonio, 316 F. Supp. 2d 433 (W.D. Tex. 2001).published“[t]o permit the continued building of our politics and culture, and to assure self-fulfillment for each individual, our people are guaranteed the right to express any thought, free from government censorship”
At page 98 Recognizing time place and manner regulations of picketing38 citing casesThis is not to say that all picketing must always be allowed. We have continually recognized that reasonable ‘time, place and manner’ regulations of picketing may be necessary to farther significant governmental interests
- Hill v. Colorado, 530 U.S. 703 (2000).published (This is not to say that all picketing must always be allowed. We have continually recognized that reasonable ‘time, place and manner’ regulations of picketing may be necessary to farther significant governmental intere…)
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983).published Mosley, 408 U. S., at 96 ("Selective exclusions from a public forum may not be based on content alone"); Carey, 447 U. S., at 461 ("When government regulation discriminates among speech-related activities in a public forum, the Equal Prote…
- William Thomas v. Clay Bright, 937 F.3d 721 (6th Cir. 2019).published Police Dep’t of City of Chicago v. Mosley, 408 U.S. 92 , 96 (1972) (“Selective exclusions from [speech restrictions] may not be based on content alone, and may not be justified by reference to content alone.”); see City of Ladue v. Gilleo,…
- Bible Believers v. Wayne Cnty., 805 F.3d 228 (6th Cir. 2015).published Cf. Police Dep’t of Chi. v. Mosley, 408 U.S. 92 , 97, 92 S.Ct. 2286 , 33 L.Ed.2d 212 (1972) (“[B]ecause of then-potential use as instruments for selectively suppressing some points of view, this Court has condemned licensing schemes that l…
- Clifford v. Moritz, 472 F. Supp. 1094 (S.D. Ohio 1979).published
- Carey v. Brown, 447 U.S. 455 (1980).published
- City of Ladue v. Gilleo, 512 U.S. 43 (1994).published
- Columbia Broad. Sys., Inc. v. Democratic Nat'l Comm., 412 U.S. 94 (1973).published
- Lehman v. City of Shaker Heights, 418 U.S. 298 (1974).published
- Sefick v. City of Chicago, 485 F. Supp. 644 (N.D. Ill. 1979).published
Show 24 more citing cases
- Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975).published
- Brown v. Glines, 444 U.S. 348 (1980).published
- Women Strike for Peace v. Rogers C. B. Morton, Sec'y of the Interior, 472 F.2d 1273 (D.C. Cir. 1972).published
- Stepping Stone Enter., Ltd., a Rhode Island Corp., & Henry v. Davis v. Robert J. Andrews, 531 F.2d 1 (1st Cir. 1976).published
- City of Watseka v. Illinois Pub. Action Council, 796 F.2d 1547 (7th Cir. 1986).published
- Capital Cities Media, Inc. v. Chester, 797 F.2d 1164 (3d Cir. 1986).published
- Secsys, LLC v. Vigil, 666 F.3d 678 (10th Cir. 2012).published
- West Virginia Citizens Action Grp., Inc. v. Daley, 324 S.E.2d 713 (W. Va. 1984).published
- Unger v. Superior Court, 692 P.2d 238 (Cal. 1984).published
- Edwards v. Maryland State Fair & Agric. Soc'y, 476 F. Supp. 153 (D. Md. 1979).published
- Micilcavage v. Connelie, 570 F. Supp. 975 (N.D.N.Y. 1983).published
- Int'l Soc'y for Krishna Consciousness, Inc. v. Barber, 506 F. Supp. 147 (N.D.N.Y. 1980).published
- Lucas v. Curran, 856 F. Supp. 260 (D. Md. 1994).published
- Murray v. Lawson, 624 A.2d 3 (N.J. Super. Ct. App. Div. 1993).published
- Green Party v. Hartz Mountain Indus., Inc., 752 A.2d 315 (N.J. 2000).published
- U.C. Nuclear Weapons Labs Conversion Proj. v. Lawrence Livermore Lab'y, 154 Cal. App. 3d 1157 (Cal. Ct. App. 1984).published
- Carl v. City of Los Angeles, 61 Cal. App. 3d 265 (Cal. Ct. App. 1976).published
- South Boston Allied War Vets. Council v. City of Boston, 297 F. Supp. 2d 388 (D. Mass. 2003).published
- Michel v. Bare, 230 F. Supp. 2d 1147 (D. Nev. 2002).published
- Pueblo v. Figueroa Jaramillo, 170 P.R. 932 (2007).published
- United States v. Duff, 605 F. Supp. 216 (D.D.C. 1985).published
- Spectrum WT v. Wendler, 157 F.4th 673 (5th Cir. 2025).published
- Spiehs v. Morgan, No. 25-3174 (10th Cir. July 21, 2026).published
- Local 391, Int'l Bhd. of Teamsters v. City of Rocky Mount, 672 F.2d 376 (4th Cir. 1982).published“We have continually recognized that reasonable 'time, place, and manner' regulations of picketing may be necessary to further significant governmental interests.”
At page 101 Narrow tailoring of statutes affecting free expression34 citing casesEqual Protection Clause requires that distinctions among speakers be "narrowly tailored to their legitimate objectives.
- Riddle v. Hickenlooper, 742 F.3d 922 (10th Cir. 2014).published “the equal protection clause requires that statutes affecting first amendment interests be narrowly tailored to their legitimate objectives.”
- Roy Brown v. William J. Scott, 602 F.2d 791 (7th Cir. 1979).published
- Concerned Jewish Youth v. McGuire, 621 F.2d 471 (2d Cir. 1980).published
- Attorney Gen. of New York v. Soto-Lopez, 476 U.S. 898 (1986).published
- Arkansas Writers' Proj., Inc. v. Ragland, 481 U.S. 221 (1987).published
- Austin v. Michigan State Chamber of Com., 494 U.S. 652 (1990).published
- Cmty.-Serv. Broad. of Mid-Am., Inc. v. Fed. Commc'ns Comm'n & United States of Am., 593 F.2d 1102 (D.C. Cir. 1978).published
- Martin Tractor Co. v. Fed. Election Comm'n Nat'l Chamber All. for Politics v. Fed. Election Comm'n, 627 F.2d 375 (D.C. Cir. 1980).published
- Fed. Election Comm'n v. T. Bertram Lance, 635 F.2d 1132 (5th Cir. 1981).published
- Local 2106 v. City of Rock Hill, 660 F.2d 97 (4th Cir. 1981).published
Show 24 more citing cases
- Ed Harwin v. Goleta Water Dist., 953 F.2d 488 (9th Cir. 1991).published
- Serv. Employees Int'l Union, Afl-Cio, Clc California State Council of Serv. Employees/cope California Teachers Ass'n California Teachers Ass'n for Better Citizenship Political Action Comm. Comm. to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Comm. Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby v. Fair Political Practices Comm'n, & Quentin L. Kopp Ross Johnson, Defendants-Intervenors-Appellants. Serv. Employees Int'l Union, Afl-Cio, Clc California State Council of Serv. Employees/cope California Teachers Ass'n California Teachers Ass'n for Better Citizenship Political Action Comm. Comm. to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Comm. Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby, California Democratic Party, an Inc. Ass'n, in Intervention-Appellee v. Quentin L. Kopp Ross Johnson, Defendants-Intervenors-Appellants, & Fair Political Practices Comm'n, Defendant-Intervenor. Serv. Employees Int'l Union, Afl-Cio, Clc California State Council of Serv. Employees/cope California Teachers Ass'n California Teachers Ass'n for Better Citizenship Political Action Comm. Comm. to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Comm. Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby, California Democratic Party, an Inc. Ass'n, Plaintiff-Intervenor-Appellee v. Fair Political Practices Comm'n, & Quentin L. Kopp Ross Johnson, Defendants-Intervenors, 955 F.2d 1312 (9th Cir. 1992).published
- People v. Glaze, 614 P.2d 291 (Cal. 1980).published
- Erwin v. State, 908 P.2d 1367 (Nev. 1995).published
- Orazio v. Town of North Hempstead, 426 F. Supp. 1144 (E.D.N.Y. 1977).published
- Tompkins v. C.Y.R., 995 F. Supp. 664 (N.D. Tex. 1998).published
- United Fac. of Fla. v. Fla. Bd. of Regents, 585 So. 2d 991 (Fla. 1st DCA 1991).published
- Erie Telecomm., Inc. v. City of Erie, 659 F. Supp. 580 (W.D. Pa. 1987).published
- State v. Vawter, 642 A.2d 349 (N.J. 1994).published
- First Nat'l Bank of Boston v. Attorney Gen., 359 N.E.2d 1262 (Mass. 1977).published
- State v. Borowski, 220 P.3d 100 (Or. Ct. App. 2009).published
- United Motorcoach Ass'n, Inc. v. Rogoff, No. 2010-0701 (D.D.C. June 9, 2010).published
- Serv. Employees Int'l Union v. Fair Political Practices Comm'n, 955 F.2d 1312 (9th Cir. 1992).published
- Planned Parenthood of S. Nevada, Inc. v. Clark Cnty. Sch. Dist., 941 F.2d 817 (9th Cir. 1991).published“[predictions about imminent disruption ... involve judgments appropriately made on an individualized basis, not by means of broad classifications, especially those based on subject matter”
At page 99 Scrutinizing content-based regulations on expressive conduct28 citing cases“Because picketing plainly involves expressive conduct within the protection of the First Amendment, discriminations among pickets must be tailored to serve a substantial governmental interest.”
- Members of the City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984).published
- R. David Finzer, Father v. Marion S. Barry, Jr., Mayor, Dist. of Columbia, 798 F.2d 1450 (D.C. Cir. 1986).published
- Barr v. Lafon, 538 F.3d 554 (6th Cir. 2008).published
- Cmty.-Serv. Broad. of Mid-Am., Inc. v. Fed. Commc'ns Comm'n & United States of Am., 593 F.2d 1102 (D.C. Cir. 1978).published
- United Motorcoach Ass'n, Inc. v. Rogoff, No. 2010-0701 (D.D.C. June 9, 2010).published
- R. A. v. v. City of St. Paul, 505 U.S. 377 (1992).published
- Frank Longo v. United States Postal Serv., 953 F.2d 790 (2d Cir. 1992).published
- Sefick v. City of Chicago, 485 F. Supp. 644 (N.D. Ill. 1979).published
- Concerned Consumers League v. O'NEILL, 371 F. Supp. 644 (E.D. Wis. 1974).published
- Shakman v. Democratic Org. of Cook Cty., 481 F. Supp. 1315 (N.D. Ill. 1979).published
Show 18 more citing cases
- Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).published
- Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).published
- Unger v. Superior Court, 692 P.2d 238 (Cal. 1984).published
- Consol. Edison Co. of New York v. Pub. Serv. Comm'n, 447 U.S. 530 (1980).published
- Busch v. Marple Newtown Sch. Dist., 567 F.3d 89 (3d Cir. 2009).published
- City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986).published
At page 100 Permitting labor picketing versus prohibiting nonlabor picketing19 citing casesState may not bar some picketing, but allow others, "unless that picketing is clearly more disruptive than the picketing [the state] already permits.
- Operation Save Am. v. City of Jackson, 2012 WY 51, 275 P.3d 438.published (Conflicting demands on the same place may compel the State to make choices among potential users and uses.)
- CWA v. Ector Cty Hosp Dist, 402 F.3d 503 (5th Cir. 2004).published
- Members of the City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984).published
- Boos v. Barry, 485 U.S. 312 (1988).published
- Auburn Police Union v. Carpenter, 8 F.3d 886 (1st Cir. 1993).published
- Roy Brown v. William J. Scott, 602 F.2d 791 (7th Cir. 1979).published
- California Med. Ass'n v. Fed. Election Comm'n, 641 F.2d 619 (9th Cir. 1980).published
- R. David Finzer, Father v. Marion S. Barry, Jr., Mayor, Dist. of Columbia, 798 F.2d 1450 (D.C. Cir. 1986).published
- Edwards v. City of Coeur D'Alene, 262 F.3d 856 (9th Cir. 2001).published
- Barr v. Lafon, 538 F.3d 554 (6th Cir. 2008).published
Show 6 more citing cases
- Clifford v. Moritz, 472 F. Supp. 1094 (S.D. Ohio 1979).published
- People v. Parker, 820 N.E.2d 1016 (Ill. App. Ct. 1st Dist. 2004).published
- Bischoff v. Florida, 242 F. Supp. 2d 1226 (M.D. Fla. 2003).published
- Concerned Jewish Youth v. McGuire, 621 F.2d 471 (2d Cir. 1980).published
- Planned Parenthood of S. Nevada, Inc. v. Clark Cnty. Sch. Dist., 941 F.2d 817 (9th Cir. 1991).published
- Auburn Police Union v. Michael E. Carpenter, Attorney Gen. of the State of Maine, Auburn Police Union v. Michael Carpenter, Attorney Gen. of the State of Maine, 8 F.3d 886 (1st Cir. 1993).published
At page 94 Analyzing selective exclusion from public places11 citing casesfinding a general ban on picketing content-based because it excluded labor picketing
- Arkansas Writers' Proj., Inc. v. Ragland, 481 U.S. 221 (1987).published
- State v. Borowski, 220 P.3d 100 (Or. Ct. App. 2009).published
- Carey v. Brown, 447 U.S. 455 (1980).published
- Vieth v. Jubelirer, 541 U.S. 267 (2004).published
- Ralphs Grocery Co. v. United Food & Com. Workers Union Local 8, 290 P.3d 1116 (Cal. 2012).published
- Princeton Educ. Ass'n v. Princeton Bd. of Educ., 480 F. Supp. 962 (S.D. Ohio 1979).published
- Bullfrog Films, Inc. v. Wick, 646 F. Supp. 492 (C.D. Cal. 1986).published
- Bachrach v. Sec'y of the Commonwealth, 415 N.E.2d 832 (Mass. 1981).published
- NLRB v. Iab, Local 229, No. 17-73210 (9th Cir. Sept. 11, 2020).published
- Brown v. City of Tulsa, 124 F.4th 1251 (10th Cir. 2025).published
Show 1 more citing case
- Nat'l Ass'n of Broadcasters v. FCC, 147 F.4th 978 (D.C. Cir. 2025).published
At page 97 Condemning licensing schemes suppressing viewpoints7 citing cases“because of then-potential use as instruments for selectively suppressing some points of view, this court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related activity.”
- New Century Found. v. Robertson, No. 3:18-cv-00839 (M.D. Tenn. Sept. 10, 2019).“because of their potential use as instruments for selectively suppressing some points of view, this court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related activit…”
- Bible Believers v. Wayne Cnty., 805 F.3d 228 (6th Cir. 2015).published “because of then-potential use as instruments for selectively suppressing some points of view, this court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related activity.”
- Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981).published
- Home Box Off., Inc. v. Fed. Commc'ns Comm'n & United States of Am., Prof'l Baseball, Intervenors, 567 F.2d 9 (D.C. Cir. 1977).published
- Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).published
- Fratiello v. Mancuso, 653 F. Supp. 775 (D.R.I. 1987).published
- Collin v. Smith, 578 F.2d 1197 (7th Cir. 1978).published
At page 92 Constitutionality of school picketing restrictions6 citing casesfor text of the legislative acts contested
- Barr v. Lafon, 538 F.3d 554 (6th Cir. 2008).published
- Daniel D. Rappa, Sr. v. New Castle Cnty. Dennis E. Greenhouse Robert W. O'Brien John C. Carney, Jr. Mark A. Kleinschmidt William S. McIntyre Daniel D. Rappa, Sr. v. State of Delaware Dep't of Transp. of the State of Delaware Kermit H. Just., Ann Canby, Sec'y, in Her Off. Capacity, & Kermit H. Just., in His Individual Capacity, 18 F.3d 1043 (3d Cir. 1994).published
- State v. Migliorino, 442 N.W.2d 36 (Wis. 1989).published
- DeGregory v. Giesing, 427 F. Supp. 910 (D. Conn. 1977).published
- Christ's Bride v. SEPTA, No. 96-1829 (3d Cir. June 25, 1998).
- Rappa v. New Castle Cnty., 18 F.3d 1043 (3d Cir. 1994).published
92 S. Ct. at 2286 Determining fourth amendment standing for contraband in bag3 citing cases
- United States v. John Jeffrey Soule, 908 F.2d 1032 (1st Cir. 1990).published
- State v. Ramires, 152 S.W.3d 385 (Mo. Ct. App. 2004).published
- Burnham v. Ianni, 899 F. Supp. 395 (D. Minn. 1995).published
Selective exclusions from [speech restrictions] may not be based on content alone, and may not be justified by reference to content alone.
- William Thomas v. Clay Bright, 937 F.3d 721 (6th Cir. 2019).published (Selective exclusions from [speech restrictions] may not be based on content alone, and may not be justified by reference to content alone.)
- Summum v. Pleasant Grove City, 483 F.3d 1044 (10th Cir. 2007).published (Selective exclusions from a public forum may not be based on content alone, and may not be justified by reference to content alone.)
- Clarence Rowe v. City of Cocoa, Florida, 358 F.3d 800 (11th Cir. 2004).published (Selective exclusions from a public forum may not be based on content alone, and may not be justified by reference to content alone.)
At page 102 Analyzing selective restriction under equal protection clause3 citing casesChicago’s ordinance imposes a selective restriction on expressive conduct far ‘greater than is essential to the furtherance of (a substantial governmental
- United Motorcoach Ass'n, Inc. v. Rogoff, No. 2010-0701 (D.D.C. June 9, 2010).published
- Nat'l Labor Relations Bd. v. Retail Store Employees Union, Local 1001, 447 U.S. 607 (1980).published
- Wagner v. Fed. Election Comm'n, 854 F. Supp. 2d 83 (D.D.C. 2012).published
At page 103 “The city now recognizes that the National Labor Relations Act specifically exempts States and subdivisions (and therefore cities and their public school boards) from the definition of employer within the Act. 29 U.S.C. § 152 .”3 citing cases
- Snead v. Bd. of Educ. of Prince George's Cnty., 815 F. Supp. 2d 889 (D. Md. 2011).published “the national labor relations act specifically exempts states and subdivisions (and therefore cities and their public school boards) from the definition of 'employer' within the act”
- Ford v. D.C. 37 Union Local 1549, 579 F.3d 187 (2d Cir. 2009).published “the national labor relations act specifically exempts states and subdivisions ... from the definition of 'employer' within the act.”
- Storlazzi v. Bakey, 894 F. Supp. 494 (D. Mass. 1995).published“The city now recognizes that the National Labor Relations Act specifically exempts States and subdivisions (and therefore cities and their public school boards) from the definition of employer within the Act. 29 U.S.C.…”
[B]ecause of their potential use as instruments for selectively suppressing some points of view, this Court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related activity.
- New Century Found. v. Robertson, No. 3:18-cv-00839 (M.D. Tenn. Sept. 10, 2019).([B]ecause of their potential use as instruments for selectively suppressing some points of view, this Court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related acti…)
- Bible Believers v. Wayne Cnty., 805 F.3d 228 (6th Cir. 2015).published ([B]ecause of then-potential use as instruments for selectively suppressing some points of view, this Court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related activ…)
[W]e have frequently condemned ... discrimination among different users of the same medium for expression.
- Summum v. Duchesne City, 482 F.3d 1251 (10th Cir. 2007).published ([W]e have frequently condemned ... discrimination among different users of the same medium for expression.)
- Summum v. Duchesne City, 482 F.3d 1263 (10th Cir. 2007).published ([W]e have frequently condemned . . . discrimination among different users of the same medium for expression.)
At page 93 “peaceful picketing of a place of employment involved in a labor dispute”2 citing cases
- Martin Tractor Co. v. Fed. Election Comm'n Nat'l Chamber All. for Politics v. Fed. Election Comm'n, 627 F.2d 375 (D.C. Cir. 1980).published
- Young v. Am. Mini Theatres, Inc., 427 U.S. 50 (1976).published
At page 216 above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content1 citing case
- Michael A. Kroll v. United States Capitol Police, 847 F.2d 899 (D.C. Cir. 1988).published (above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content)
Other citing cases
- Frank Genusa, Cross-Appellees v. City of Peoria, Cross-Appellants, 619 F.2d 1203 (7th Cir. 1980).published
- (PC) Davis v. Unknown, No. 2:23-cv-02358 (E.D. Cal. Mar. 8, 2024).
- Occupy Columbia v. Haley, 922 F. Supp. 2d 524 (D.S.C. 2013).published
v.
MOSLEY.
Richard L. Curry argued the cause for petitioners. With him on the briefs were William R. Quinlan and Edmund Hatfield.
Harvey J. Barnett argued the cause for respondent. With him on the brief were Ronald L. Barnard and Hal M. Brown.
MR. JUSTICE MARSHALL delivered the opinion of the Court.
At issue in this case is the constitutionality of the following Chicago ordinance:
"A person commits disorderly conduct when he knowingly:
.....
"(i) Pickets or demonstrates on a public way within 150 feet of any primary or secondary school building[*93] while the school is in session and one-half hour before the school is in session and one-half hour after the school session has been concluded, provided that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute . . . ." Municipal Code, c. 193-1 (i).
The suit was brought by Earl Mosley, a federal postal employee, who for seven months prior to the enactment of the ordinance had frequently picketed Jones Commercial High School in Chicago. During school hours and usually by himself, Mosley would walk the public sidewalk adjoining the school, carrying a sign that read: "Jones High School practices black discrimination. Jones High School has a black quota." His lonely crusade was always peaceful, orderly, and quiet, and was conceded to be so by the city of Chicago.
On March 26, 1968, Chapter 193-1 (i) was passed, to become effective on April 5. Seeing a newspaper announcement of the new ordinance, Mosley contacted the Chicago Police Department to find out how the ordinance would affect him; he was told that, if his picketing continued, he would be arrested. On April 4, the day before the ordinance became effective, Mosley ended his picketing next to the school.[1] Thereafter, he brought this action in the United States District Court for the Northern District of Illinois, seeking declaratory and injunctive relief, pursuant to 28 U. S. C.[*94] § 2201 and 42 U. S. C. § 1983. He alleged a violation of constitutional rights in that (1) the statute punished activity protected by the First Amendment; and (2) by exempting only peaceful labor picketing from its general prohibition against picketing, the statute denied him "equal protection of the law in violation of the First and Fourteenth Amendments . . . ."
After a hearing, the District Court granted a directed verdict dismissing the complaint. The Seventh Circuit reversed, holding that because the ordinance prohibited even peaceful picketing next to a school, it was overbroad and therefore "patently unconstitutional on its face." 432 F. 2d 1256, 1259 (1970). We granted certiorari, 404 U. S. 821 (1971), to consider this case along with Grayned v. City of Rockford, post, p. 104, in which an almost identical ordinance was upheld by the Illinois Supreme Court, 46 Ill. 2d 492, 496, 263 N. E. 2d 866, 868 (1970). We affirm the judgment of the Seventh Circuit, although we decide this case on the ground not reached by that court. We hold that the ordinance is unconstitutional because it makes an impermissible distinction between labor picketing and other peaceful picketing.
I
The city of Chicago exempts peaceful labor picketing from its general prohibition on picketing next to a school.[2] The question we consider here is whether this selective exclusion from a public place is permitted. Our answer is "No."
Because Chicago treats some picketing differently from others, we analyze this ordinance in terms of the[*95] Equal Protection Clause of the Fourteenth Amendment. Of course, the equal protection claim in this case is closely intertwined with First Amendment interests;[3] the Chicago ordinance affects picketing, which is expressive conduct; moreover, it does so by classifications formulated in terms of the subject of the picketing. As in all equal protection cases, however, the crucial question is whether there is an appropriate governmental interest suitably furthered by the differential treatment. See Reed v. Reed, 404 U. S. 71, 75-77 (1971); Weber v. Aetna Casualty Co., 406 U. S. 164 (1972); Dunn v. Blumstein, 405 U. S. 330, 335 (1972).
The central problem with Chicago's ordinance is that it describes permissible picketing in terms of its subject matter. Peaceful picketing on the subject of a school's labor-management dispute is permitted, but all other peaceful picketing is prohibited. The operative distinction is the message on a picket sign. But, above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content. Cohen v. California, 403 U. S. 15, 24 (1971); Street v. New York, 394 U. S. 576 (1969); New York Times Co. v. Sullivan, 376 U. S. 254, 269-270 (1964), and cases cited; NAACP v. Button, 371 U. S. 415, 445 (1963); Wood v. Georgia, 370 U. S. 375, 388-389 (1962); Terminiello v. Chicago, 337 U. S. 1, 4 (1949); De Jonge v. Oregon, 299 U. S. 353, 365 (1937). To permit the continued building of our politics[*96] and culture, and to assure self-fulfillment for each individual, our people are guaranteed the right to express any thought, free from government censorship. The essence of this forbidden censorship is content control. Any restriction on expressive activity because of its content would completely undercut the "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open." New York Times Co. v. Sullivan, supra, at 270.
Necessarily, then, under the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views. And it may not select which issues are worth discussing or debating in public facilities. There is an "equality of status in the field of ideas,"[4] and government must afford all points of view an equal opportunity to be heard. Once a forum is opened up to assembly or speaking by some groups, government may not prohibit others from assembling or speaking on the basis of what they intend to say. Selective exclusions from a public forum may not be based on content alone, and may not be justified by reference to content alone.
Guided by these principles, we have frequently condemned such discrimination among different users of the same medium for expression. In Niemotko v. Maryland, 340 U. S. 268 (1951), a group of Jehovah's Witnesses were denied a permit to use a city park for Bible talks, although other political and religious groups had been allowed to put the park to analogous uses. Concluding that the permit was denied because of the city's "dislike for or disagreement with the Witnesses[*97] or their views," this Court held that the permit refusal violated "[t]he right to equal protection of the laws, in the exercise of those freedoms of speech and religion protected by the First and Fourteenth Amendments." Id., at 272. The Court followed Niemotko in Fowler v. Rhode Island, 345 U. S. 67 (1953), where again the Jehovah's Witnesses were refused permission to conduct religious services in a park, although other religious groups had been permitted to do so. Similarly, because of their potential use as instruments for selectively suppressing some points of view, this Court has condemned licensing schemes that lodge broad discretion in a public official to permit speech-related activity, see, e. g., Shuttlesworth v. Birmingham, 394 U. S. 147 (1969); Cox v. Louisiana, 379 U. S. 536, 555-558 (1965); Staub v. City of Baxley, 355 U. S. 313, 321-325 (1958), and cases cited; Saia v. New York, 334 U. S. 558, 560-562 (1948).[5]
The late Mr. Justice Black, who thought that picketing was not only a method of expressing an idea but also conduct subject to broad state regulation, nevertheless recognized the deficiencies of laws like Chicago's ordinance. This was the thrust of his opinion concurring in Cox v. Louisiana, 379 U. S. 536 (1965):
"[B]y specifically permitting picketing for the publication of labor union views [but prohibiting[*98] other sorts of picketing], Louisiana is attempting to pick and choose among the views it is willing to have discussed on its streets. It thus is trying to prescribe by law what matters of public interest people whom it allows to assemble on its streets may and may not discuss. This seems to me to be censorship in a most odious form, unconstitutional under the First and Fourteenth Amendments. And to deny this appellant and his group use of the streets because of their views against racial discrimination, while allowing other groups to use the streets to voice opinions on other subjects, also amounts, I think, to an invidious discrimination forbidden by the Equal Protection Clause of the Fourteenth Amendment." Id., at 581.
We accept Mr. Justice Black's quoted views. Cf. NLRB v. Fruit & Vegetable Packers, 377 U. S. 58, 76 (1964) (Black, J., concurring).
II
This is not to say that all picketing must always be allowed. We have continually recognized that reasonable "time, place and manner" regulations of picketing may be necessary to further significant governmental interests. Cox v. New Hampshire, 312 U. S. 569, 575-576 (1941); Poulos v. New Hampshire, 345 U. S. 395, 398 (1953); Cox v. Louisiana, 379 U. S., at 554-555; Cox v. Louisiana, 379 U. S. 559 (1965); Adderley v. Florida, 385 U. S. 39, 46-48 (1966). Similarly, under an equal protection analysis, there may be sufficient regulatory interests justifying selective exclusions or distinctions among pickets. Conflicting demands on the same place may compel the State to make choices among potential users and uses. And the State may have a legitimate interest in prohibiting some picketing to protect public order. But these justifications for selective exclusions[*99] from a public forum must be carefully scrutinized. Because picketing plainly involves expressive conduct within the protection of the First Amendment, see, e. g., Thornhill v. Alabama, 310 U. S. 88 (1940); Teamsters Union v. Newell, 356 U. S. 341 (1958); Garner v. Louisiana, 368 U. S. 157, 185 (1961) (Harlan, J., concurring in judgment); Edwards v. South Carolina, 372 U. S. 229 (1963); Cox v. Louisiana, supra, at 546; Food Employees v. Logan Valley Plaza, 391 U. S. 308, 314-315 (1968); id., at 337 (WHITE, J., dissenting); Gregory v. Chicago, 394 U. S. 111, 112 (1969); Shuttlesworth v. Birmingham, 394 U. S., at 155, discriminations among pickets must be tailored to serve a substantial governmental interest. Cf. Williams v. Rhodes, 393 U. S. 23 (1968).
III
In this case, the ordinance itself describes impermissible picketing not in terms of time, place, and manner, but in terms of subject matter. The regulation "thus slip[s] from the neutrality of time, place, and circumstance into a concern about content."[6] This is never permitted. In spite of this, Chicago urges that the ordinance is not improper content censorship, but rather a device for preventing disruption of the school. Cities certainly have a substantial interest in stopping picketing which disrupts a school. "The crucial question, however, is whether [Chicago's ordinance] advances that objective in a manner consistent with the command of the Equal Protection Clause." Reed v. Reed, 404 U. S., at 76. It does not.
[*100] Although preventing school disruption is a city's legitimate concern, Chicago itself has determined that peaceful labor picketing during school hours is not an undue interference with school. Therefore, under the Equal Protection Clause, Chicago may not maintain that other picketing disrupts the school unless that picketing is clearly more disruptive than the picketing Chicago already permits. Cf. Tinker v. Des Moines School District, 393 U. S. 503, 511 (1969); Wirta v. Alameda-Contra Costa Transit District, 68 Cal. 2d 51, 434 P. 2d 982 (1967). If peaceful labor picketing is permitted, there is no justification for prohibiting all nonlabor picketing, both peaceful and nonpeaceful. "Peaceful" nonlabor picketing, however the term "peaceful" is defined, is obviously no more disruptive than "peaceful" labor picketing. But Chicago's ordinance permits the latter and prohibits the former. Such unequal treatment is exactly what was condemned in Niemotko v. Maryland, 340 U. S., at 272-273.
Similarly, we reject the city's argument that, although it permits peaceful labor picketing, it may prohibit all nonlabor picketing because, as a class, nonlabor picketing is more prone to produce violence than labor picketing.[7] Predictions about imminent disruption from picketing involve[*101] judgments appropriately made on an individualized basis, not by means of broad classifications, especially those based on subject matter. Freedom of expression, and its intersection with the guarantee of equal protection, would rest on a soft foundation indeed if government could distinguish among picketers on such a wholesale and categorical basis. "[I]n our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression." Tinker v. Des Moines School District, 393 U. S., at 508. Some labor picketing is peaceful, some disorderly; the same is true of picketing on other themes. No labor picketing could be more peaceful or less prone to violence than Mosley's solitary vigil. In seeking to restrict nonlabor picketing that is clearly more disruptive than peaceful labor picketing, Chicago may not prohibit all nonlabor picketing at the school forum.
The Equal Protection Clause requires that statutes affecting First Amendment interests be narrowly tailored to their legitimate objectives. Williams v. Rhodes, 393 U. S. 23 (1968); see generally Dunn v. Blumstein, 405 U. S., at 342-343.[8] Chicago may not vindicate its interest in preventing disruption by the wholesale exclusion of picketing on all but one preferred subject. Given what Chicago tolerates from labor picketing, the excesses of some nonlabor picketing may not be[*102] controlled by a broad ordinance prohibiting both peaceful and violent picketing. Such excesses "can be controlled by narrowly drawn statutes," Saia v. New York, 334 U. S., at 562, focusing on the abuses and dealing even-handedly with picketing regardless of subject matter. Chicago's ordinance imposes a selective restriction on expressive conduct far "greater than is essential to the furtherance of [a substantial governmental] interest." United States v. O'Brien, 391 U. S. 367, 377 (1968). Far from being tailored to a substantial governmental interest, the discrimination among pickets is based on the content of their expression. Therefore, under the Equal Protection Clause, it may not stand.[9]
The judgment is
Affirmed.
MR. JUSTICE BLACKMUN and MR. JUSTICE REHNQUIST concur in the result.
MR. CHIEF JUSTICE BURGER, concurring.
I join the Court's opinion but with the reservation that some of the language used in the discussion of the First[*103] Amendment could, if read out of context, be misleading. Numerous holdings of this Court attest to the fact that the First Amendment does not literally mean that we "are guaranteed the right to express any thought, free from government censorship." This statement is subject to some qualifications, as for example those of Roth v. United States, 354 U. S. 476 (1957); Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). See also New York Times Co. v. Sullivan, 376 U. S. 254 (1964).
"Although the civil rights movement has understandably endeavored to press into its service the constitutional precedents developed in labor relations litigation, there are important differences between labor picketing and picketing by civil rights groups. . . . Labor picketing is now usually token picketing. . . . It seldom leads to disruption of the public peace, hardly ever to window smashing, arson. Labor picketing can be carried on without interrupting classes or even distracting the students. . . . As we all know, student demonstrations at schools—and even such demonstrations by parents and `concerned citizens'—are utterly different. Mass picketing, sit-ins, smashed windows have been the order of the day. The very purpose of such demonstrations often is to bring the educational process to a halt."