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Controlling public protest: First Amendment implications.

The Supreme Court has indicated that in the context of protests, parades, and picketing in such public places as streets and parks, "...citizens must tolerate insulting, and even outrageous, speech in order to provide adequate breathing space to the freedoms protected by the First Amendment."(1) Police face difficult constitutional and operational issues when tasked with the dual responsibility of maintaining public order and protecting the first amendment rights of protestors and marchers. This article discusses recent court decisions concerning the constitutionality of permit requirements and injunction-based restrictions that limit the time, place, and manner of expressive activity in public places.

Three general first amendment principles guide departmental decisionmaking in controlling public protest. First, political speech in traditional public forums, such as streets and parks, is afforded a very high level of first amendment protection, and blanket prohibitions of such speech are generally unconstitutional. Second, reasonable time, place, and manner restrictions Limits that government can impose on the occasion, location, and type of individual expression in some circumstances.

The First Amendment to the U.S. Constitution guarantees Freedom of Speech.
 on such speech are permissible if they are content-neutral, narrowly tailored to serve substantial government interests, and leave ample alternative ways for the speech to occur. Third, speech or expressive conduct can be restricted because of its relationship to unlawful conduct, such as disorderly conduct disorderly conduct

Conduct likely to lead to a disturbance of the public peace or that offends public decency. It has been held to include the use of obscene language in public, fighting in a public place, blocking public ways, and making threats.
 or trespass trespass, in law, any physical injury to the person or to property. In English common law the action of trespass first developed (13th cent.) to afford a remedy for injuries to property. .

Content-Neutral Permit Requirements

The first amendment permits the government to impose a permit requirement for those wishing to engage in expressive activity on public property, such as streets, sidewalks, and parks.(2) Any such permit scheme controlling the time, place, and manner of speech must not be based on the content of the message, must be narrowly tailored to serve a significant governmental interest, and must leave open ample alternatives for communication.(3) The Supreme Court has held that any permit regulation that allows arbitrary application is "...inherently inconsistent with a valid time, place, and manner regulation because such discretion has the potential for becoming a means of suppressing a particular point of view."(4)

The Supreme Court has ruled unconstitutional permit schemes that vest government decision-makers with uncontrolled discretion in deciding whether to issue a particular permit.(5) Ideally, a permit scheme should include:

1) A written description of the permit/license application process

2) Comprehensive and unambiguous standards for implementation and the objective criteria officials will use in determining whether to grant or deny a permit application

3) A time frame for the application process and for decisionmakers to consider an application

4) A provision for notifying the applicant that a permit request has been denied and the reasons for the denial

5) An established route to appeal a denial of an application

6) Language that avoids inherently vague terms, the meaning of which are not self-evident or easily discernible, such as "first amendment activities," "special or unique circumstances," "unique hardship," "public nuisance public nuisance n. a nuisance which affects numerous members of the public or the public at large, as distinguished from a nuisance which only does harm to a neighbor or a few private individuals. ," or "detrimental to public health and safety," and

7) The identity of the person or persons with the authority to grant or deny a permit request.

A permit process must be narrowly tailored to serve significant government interests. For example, a Federal district court ruled unconstitutional a city's refusal to grant permission for a nonprofit organization Nonprofit Organization

An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well.

Examples of non-profit organizations are charities, hospitals and schools.
 to set up portable tables at particular locations on the public sidewalks of the city's commercial and historic district. The nonprofit organization intended to distribute literature, discuss issues of spiritual ecology Spiritual ecology is a recent term that refers to the intersection between religion and spirituality and environment. Practitioners of spiritual ecology fall into three categories: the scientific and academic, spiritual or religious environmentalism, and religious or spiritual , and sell T-shirts carrying messages related to the organization's religious tenets.(6) The court said the lack of a coherent permit scheme, narrowly tailored to serve city interests, gave the city unbridled discretion to grant or deny a request.(7)

However, the court suggested the first amendment would permit the city to use narrowly tailored regulations to minimize interference with pedestrian movement on crowded sidewalks, such as established times for such activity and limitations on the size and precise positioning Precise Positioning is a term used to describe techniques to obtain the location of an object to better than a few centimeters of accuracy.

Historically precise positioning was associated with surveying and geodesy.
 of the tables.(8) Moreover, the city's legitimate interest in preserving the character and appearance of its historic district might justify restrictions, if the city's permit scheme has content-neutral standards narrowly tailored to serve that objective and the city proves that its aesthetic concerns are sufficient to warrant the abridgment of first amendment rights.(9)

Restrictions Based on Threat of Violence

The U.S. Court of Appeals for the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  stated in Christian Knights of KKK v. District of Columbia(10) 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 Ku Klux Klan (k' klŭks klăn), designation mainly given to two distinct secret societies that played a part in American history, although other less important groups have also used  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 Discord
See also Confusion.


demon of discord. [Occultism: Jobes, 93]

discord, apple of

caused conflict among goddesses; Trojan War ultimate result. [Gk. Myth.
, 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. The court noted:

"[W]hen the choice is between an abbreviated march or a bloodbath blood·bath also blood bath  
Savage, indiscriminate killing; a massacre.

Noun 1. bloodbath - indiscriminate slaughter; "a bloodbath took place when the leaders of the plot surrendered"; "ten days after the
, government must have some leeway lee·way  
1. The drift of a ship or an aircraft to leeward of the course being steered.

2. A margin of freedom or variation, as of activity, time, or expenditure; latitude. See Synonyms at room.
 to make adjustments necessary for the protection of participants, innocent onlookers, and others in the vicinity...Regardless of the Klan's message, and its opinion of the precise route needed to express it, some governmental interests are weighty enough to justify restrictions on speech in a public forum--particularly restrictions, like this one, that limit but do not ban or punish a march, and indeed allow use of a significant segment of the street requested."(14)

Nonetheless, because of conflicting police testimony and evidence, the court concluded the threat of violence posed by the proposed Klan march was not beyond reasonable police control and that the restriction therefore violated the first amendment.(15)

A court-ordered weapons ban at a particular Klan rally site, based on the threat of violence and the stated intention and practice of the Klan to bring firearms This is an extensive list of small arms — pistol, machine gun, grenade launcher, anti-tank rifle — that includes variants.

: Top - 0–9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

  • A-91 (Russia - Compact Assault Rifle - 5.
 to their rallies, may justify police conducting general magnetometer searches of persons and packages at that site without regard to standards of reasonable suspicion Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences.  or probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. . However, mass pat-down searches of persons entering the rally sites would likely violate the fourth amendment.(16)

Supreme Court Rejects Permit Fee Based on Listener Reaction

To what extent can the government assess fees and costs for the issuance of a permit authorizing expressive activity in a public forum? In Forsyth County, Georgia v. The Nationalist Movement Forsyth County, Georgia v. The Nationalist Movement, 505 U.S. 123 (1992)[1], was a case in which the United States Supreme Court limited the ability of local governments to charge fees for the use of public places for private activities. ,(17) the Supreme Court ruled unconstitutional a parade ordinance that permitted a government administrator to vary the fee for assembling or parading to reflect the estimated cost of maintaining public order. The Court said that a $1,000 cap on the parade permit fee did not render the otherwise invalid ordinance constitutional. Specifically, the Court noted that there were no articulated standards, either in the ordinance or in the county's established practice, to guide the decision of how much to charge for police protection or administrative time--or even whether to charge at all.(18) Not only was there a possibility of censorship through such uncontrolled discretion, but the county's fee also often depended "...on the administrator's measure of the amount of hostility likely to be created by the speech based on its content."(19)

While those wishing to express views unpopular with bottle-throwers might have to pay more for their permit, the Court noted the county did not even charge for police protection for 4th of July parades, which drew large crowds that required the closing of streets.(20) The Court concluded the county imposed a fee only when it became necessary to provide security for parade participants from angry crowds opposing their message and that listener's reaction to speech is not a content-neutral basis for assessing a permit fee.(21)

Permissible Fees and Costs

The Supreme Court in Forsyth County Forsyth County is the name of two counties in the United States:
  • Forsyth County, Georgia (located in the Atlanta Metropolitan Area)
  • Forsyth County, North Carolina
 did not decide whether only nominal charges are constitutionally permissible, but four Justices agreed in a dissenting opinion dissenting opinion n. (See: dissent)  that the Constitution does not limit a parade permit fee to a nominal amount and permits a sliding fee to account for administrative and security costs.(22) In that regard, lower courts have upheld the practice of assessing permit fees in accordance with projected police expenses if certain conditions are met.

For example, a Federal district court upheld the Kansas City Kansas City, two adjacent cities of the same name, one (1990 pop. 149,767), seat of Wyandotte co., NE Kansas (inc. 1859), the other (1990 pop. 435,146), Clay, Jackson, and Platte counties, NW Mo. (inc. 1850).  Police Department's policy of requiring parade sponsors to pay for the cost of traffic control.(23) The court concluded the department's extensive list of factors used to project associated police costs were content-neutral, with the exception of a "crowd control" factor, which the court said was unconstitutional and needed to be severed sev·er  
v. sev·ered, sev·er·ing, sev·ers
1. To set or keep apart; divide or separate.

2. To cut off (a part) from a whole.

 from the otherwise constitutional policy.(24)

Similarly, the U.S. Court of Appeals for the Sixth Circuit upheld a Columbus, Ohio Columbus is the capital and the largest city of the American state of Ohio. Named for explorer Christopher Columbus, the city was founded in 1812 at the confluence of the Scioto and Olentangy rivers, and assumed the functions of state capital in 1816. , ordinance that required prepayment of an $85 fee for the cost of processing a parade permit application and prepayment of the cost for traffic control. The court ruled that the ordinance 1) did not permit speculation about the degree of violence a parade may provoke; 2) provided protection for the marchers without consideration of its cost; and 3) contained objective standards related to traffic control and not related to speculation about the potential for disturbances based on the parade's content.(25)

Precedential prec·e·den·tial  
1. Of, relating to, or constituting a precedent.

2. Having precedence.

Adj. 1. precedential
 support for the assessment of costs also can be found in a California appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 decision upholding portions of an ordinance that requires a parade permittee to reimburse the city for, and pay in advance, an estimate of "all city departmental service charges incurred in connection with or due to the permittee's activities under the permit." The ordinance also requires that "if city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property."(26)

The court said the fees correspond to the size of the parade and its impact on normal traffic and not the size of the crowd in attendance. Also, the departmental service charge and cleanup reimbursement requirements are textually tied to the activities of the permittee itself and does not purport to impose responsibility for the acts of others.(27)

It is constitutionally significant that in all the above cases upholding permit fees and costs, indigent indigent 1) n. a person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. 2) n. one without sufficient income to afford a lawyer for defense in a criminal case.  groups unable to pay the fees were not precluded from engaging in expressive activity, because an alternative forum was available. For example, sidewalks were free for conducting a parade because traffic control was not affected and parks were available without cost for related speech activities.

Injunction-Based Restrictions

Injunction-based restrictions on expressive activity may be a viable and operationally effective option for law enforcement to maintain public order. In Madsen v. Women's Health Women's Health Definition

Women's health is the effect of gender on disease and health that encompasses a broad range of biological and psychosocial issues.
 Center, Inc.,(28) the Supreme Court reviewed an injunction entered by a Florida State court that prohibited antiabortion an·ti·a·bor·tion  
Opposed to induced abortion: the antiabortion movement.

 protestors from demonstrating in certain places and in various ways outside a health clinic that performs abortions. The protestors were enjoined from blocking or interfering with public access to the clinic and from physically abusing persons entering or leaving the clinic.

However, the protestors continued to impede access to the clinic by congregating con·gre·gate  
tr. & intr.v. con·gre·gat·ed, con·gre·gat·ing, con·gre·gates
To bring or come together in a group, crowd, or assembly. See Synonyms at gather.

1. Gathered; assembled.

 on the paved portion of the street leading to the clinic and by marching in Marching In is a science fiction short story by Isaac Asimov. The story was written at the request of the US publication 'High Fidelity', with the stipulation that it be 2,500 words long, set twenty-five years in the future and deal with an aspect of sound recording.  front of the clinic's driveways.(29) As vehicles heading toward the clinic slowed to allow the protesters to move out of the way, "sidewalk counselors" would approach and attempt to give the vehicle's occupants antiabortion literature. The number of people congregating varied from a handful to 400, and the noise varied from singing and chanting to the use of loud-speakers and bullhorns. Protesters also picketed in front of clinic employees' residences.

Because of this conduct, the Florida court issued an amended injunction which, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , excluded demonstrators from a 36-foot buffer zone buffer zone
A neutral area between hostile or belligerent forces that serves to prevent conflict.

Noun 1. buffer zone
 around the clinic entrances and driveway and the private property to the north and west of the clinic. The injunction also restricted excessive noisemaking within the earshot ear·shot  
The range within which sound can be heard by the unaided ear; hearing distance: listened until the parade was out of earshot.
 of, and the use of "images observable" by, patients inside the clinic, prohibited protesters within a 300-foot zone around the clinic from approaching patients and potential patients who do not consent to talk, and created a 300-foot buffer zone around the residences of clinic staff.

The Supreme Court concluded that injunction-based restrictions must burden no more speech than necessary and that an injunction regulating a particular group's activities that express a particular viewpoint is not impermissibly im·per·mis·si·ble  
Not permitted; not permissible: impermissible behavior.

 con-tent-based when premised on the group's past illegal or inappropriate actions.(30) Because all injunctions, by their very nature, apply to particular groups or individuals, the Court said the test for determining content-neutrality is whether the government's purpose in regulating the speech is without reference to its content.(31)

The Court held that injunctions carry greater risks of censorship and discriminatory application than generally applicable statutes and ordinances and that content-neutral injunctions must therefore be evaluated under a somewhat more stringent test to determine if "...the challenged provisions of the injunction burden no more speech than necessary to serve a significant government interest."(32) The Court then determined the constitutionality of the injunction's buffer zones, noise restrictions, ban on the display of signs and visual images, and restriction on residential picketing.

Buffer Zones

The Supreme Court upheld a 36-foot buffer zone around the Florida abortion clinic's entrances and driveway, finding it burdened no more speech than necessary to accomplish the governmental interest in protecting unfettered ingress An entrance. Contrast with "egress," which means exit. See ingress traffic. See also Ingres 2006.  to and egress See ingress.  from the clinic and because it ensured that traffic would not be blocked.(33) The Court concluded this buffer zone also was justified by the failure of the earlier injunction to accomplish its purpose of protecting access to the clinic.

Conversely, the Court said that a portion of the 36-foot buffer zone that extended to private property on the back and side of the clinic was unconstitutional because it burdened more speech than necessary to protect access to the clinic.(34) Because there was no evidence that the protestors had ever used the private property to obstruct ob·struct
To block or close a body passage so as to hinder or interrupt a flow.

ob·structive adj.
 access to the clinic, the Court found that this portion of the buffer zone did not serve a significant government interest.

The Supreme Court also held unconstitutional a buffer zone provision that ordered protestors to refrain from physically approaching any person seeking services of the clinic, unless such person indicates a desire to communicate in an area within 300 feet of the clinic. While the stated purpose of this restriction was to prevent clinic patients and staff from being "stalked stalked  
Having a stalk or stem. Often used in combination: long-stalked; short-stalked.

Adj. 1.
" or "shadowed" as they approached the clinic, the Court said a prohibition on all uninvited un·in·vit·ed  
Not welcome or wanted: uninvited guests.


not having been asked: uninvited guests

 approaches, regardless of how peaceful the contact may be, burdens more speech than necessary to prevent intimidation and to ensure access to the clinic.(35) The Court found this ban on all uninvited approaches unconstitutional "...absent evidence that the protesters' speech is independently proscribable (i.e., "fighting words fighting words n. words intentionally directed toward another person which are so nasty and full of malice as to cause the hearer to suffer emotional distress or incite him/her to immediately retaliate physically (hit, stab, shoot, etc. " or threats), or is so infused with violence as to be indistinguishable from a threat of physical harm."(36)

Using a similar rationale, the Supreme Court of New Jersey held an injunction provision creating a buffer zone was too broad-based on an insufficient history of threats and intimidation.(37) Rather than prohibiting all expressional activities on the sidewalk directly in front of the medical center, the court said the injunction should have allowed a limited, controlled form of expression near the entrance, while restricting the troublesome mass of protestors to a location across the street. The court said the injunction should give consideration to the right of protestors to make their presence known and to the role of sidewalk counseling "Sidewalk counseling" is a form of pro-life activism which is conducted outside of abortion clinics. Activists seek to communicate with those entering the building, or with passersby in general, in an effort to persuade them not to have an abortion or to reconsider their position  in that process, while at the same time protecting against any harassment Ask a Lawyer

Country: United States of America
State: Nevada

I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med.
 of the patients or others who wish to enter the clinic.

Nonetheless, a history of intimidation by a particular group may justify a restrictive buffer zone. For example, the California Supreme Court upheld an injunction provision creating a "clear zone" that effectively barred antiabortion protestors from the public sidewalk in front of a clinic by requiring that all picketing, demonstrating, or counseling take place on the public sidewalk directly across the street.(38) The court said the restriction was justified based on the group's history of intimidation and the fact that the first amendment does not guarantee the right to a captive audience.

Noise Restrictions

The Supreme Court in Madsen upheld a portion of the injunction that restrained the protestors from singing, chanting, whistling, shouting, yelling, and using bullhorns, auto horns, or sound amplification equipment within earshot of the patients inside the clinic during the hours of 7:30 a.m. through noon on Mondays through Saturdays. Noting the importance of noise control around hospitals and medical facilities during surgery and recovery periods, the Court found the noise restriction burdened no more speech than necessary to ensure the health and well-being of the patients at the clinic. The Court noted that patients should not have to "...undertake Herculean efforts to escape the cacophony of political protests."(39)

Other courts have upheld disorderly conduct prosecutions for unreasonable noise based on the government's broad powers to protect citizens from unwelcome noise. This can extend to any situation in which individuals cannot escape bombardment of their sensibilities and which substantially threatens their privacy interests.(40)

Bans on the Display of Signs and Visual Images

The Supreme Court in Madsen ruled unconstitutional a provision in the injunction that prohibited protestors from using images observable to patients inside the clinic during the hours of 7:30 a.m. through noon on Mondays through Saturdays. The Court suggested the first amendment would not be violated by an injunction-based prohibition on the display of signs that could be interpreted as a threat or veiled threat to patients or their families. However, the Madsen injunction's broad prohibition on all "images observable" burdens more speech than necessary to achieve the purpose of limiting such threats.(41) If the purpose is to reduce the level of anxiety and hypertension suffered by patients who find the message expressed in the placards disagreeable dis·a·gree·a·ble  
1. Not to one's liking; unpleasant or offensive.

2. Having a quarrelsome, bad-tempered manner.

, the Court distinguished the ban on signs from restrictions on noise by noting that " is much easier for the clinic to pull its curtains than for a patient to stop up her ears."(42)

Restrictions on Residential Picketing

The Supreme Court in Madsen ruled unconstitutional a provision in the injunction that prohibited picketing within 300 feet of the residences of clinic staff. The Court said the protection of residential privacy and tranquility is a legitimate governmental interest of the highest order and affirmed its prior decision upholding the constitutionality of an ordinance that prohibited "focused picketing taking place solely in front of a particular residence."(43)

However, the Court found the 300-foot zone around residences burdened more speech than necessary because it banned general marching through residential neighborhoods or even walking a route in front of an entire block of houses.(44) The Court concluded that "...a limitation on the time, duration of picketing, and number of pickets outside a smaller zone could have accomplished the desired result."(45)

A Federal district court ruled an ordinance could be enforced to prohibit continuous picketing in front of a doctor's home but not to prevent picketing in the doctor's neighborhood, so long as the picketers did not picket in front of the doctor's home or the two homes on either side of the doctor's home.(46) The court noted sympathetically that police need bright-line standards to help them enforce such ordinances that raise difficult first amendment issues.


The Supreme Court has interpreted the first amendment as creating a "...profound national commitment to the principle that debate on public issues should be uninhibited uninhibited /un·in·hib·it·ed/ (un?in-hib´i-ted) free from usual constraints; not subject to normal inhibitory mechanisms. , robust and wide-open."(47) Law enforcement often has the responsibility of balancing the legitimate need to maintain public order with the important interest in protecting first amendment rights.

Because the legality of the various enforcement options discussed in this article depends on a complex and fact-specific analysis, law enforcement decisionmakers should obtain competent legal review of any proposed restriction on expressive activity. In that regard, a particular group's past violent or disruptive conduct should be carefully documented because it is relevant to this analysis. Finally, it is recommended that officers receive legal training on the basic principles of first amendment law before being assigned the difficult task of controlling public protest.


1 Boos v. Barry, 485 U.S. 312, 322 (1988).

2 See Cox v. New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). , 319 U.S. 569, 574 (1941).

3 See United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  v. Grace, 461 U.S. 171, 177 (1983). See also, Rubin v. City of Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries. , 823 F.Supp. 709 (C.D. Calif. 1993) and Paulsen v. Lehman, 839 F.Supp. 147 (E.D.N.Y. 1993).

4 Heffron v. International Society for Krishna Consciousness Noun 1. International Society for Krishna Consciousness - a religious sect founded in the United States in 1966; based on Vedic scriptures; groups engage in joyful chanting of `Hare Krishna' and other mantras based on the name of the Hindu god Krishna; devotees  Inc., 452 U.S. 640, 649 (1981).

5 See, e.g., Freedman freed·man  
A man who has been freed from slavery.


pl -men History a man freed from slavery

Noun 1.
 v. Maryland, 380 U.S. 51 (1965).

6 One World One Family Now v. City of Key West, 852 F.Supp. 1005 (S.D. Fla. 1994).

7 Id. at 1011.

8 Id.

9 Id. at 1012.

10 972 F.2d 365 (D.C. Cir. 1992).

11 Id. at 372.

12 Id.

13 Id. at 373-74.

14 Id. at 374-75.

15 Id. at 375-76.

16 Wilkinson v. Forst, 832 F.2d 1330 (2d Cir. 1987), cert. denied, 108 S.Ct. 1593 (1988): Wilkinson v. Forst, 717 F. Supp. 49 (D. Conn. 1989).

17 112 S.Ct. 2395 (1992).

18 Id. at 2403.

19 Id.

20 Id. at 2404 n. 12.

21 Id. at 2403.

22 Id. at 2406 (Chief Justice Rehnquist dissenting).

23 Gay and Lesbian Services Network, Inc. v. Bishop, 841 F.Supp. 295 (W.D. Mo. 1993).

24 Id. at 296.

25 Stonewall stone·wall  
v. stone·walled, stone·wall·ing, stone·walls

1. Informal
 Union v. City of Columbus The passenger steamer City of Columbus ran aground on Devil’s Ridge off of Gay Head Cliffs in Martha's Vineyard, Massachusetts in January 1884. She was owned by Boston & Savannah Steamship Co. and was built in 1878. She was an early iron steamer with a tonnage of 2,200. , 931 F.2d 1130 (6th Cir. 1991), cert. denied, 112 S.Ct. 275.

26 Long Beach Lesbian & Gay Pride v. Long Beach, 17 Cal.Rptr.2d 861 (Cal. App. 2 Dist. 1993).

27 In Pritchard v. Mackie, 811 F. Supp. 665 (S.D. Fla. 1993), the court held that a requirement for the Klan to obtain a $1 million liability policy before it could receive a rally permit violated the first amendment.

28 114 S.Ct. 2516 (1994).

29 Legal scholars disagree regarding the constitutionality of the recently enacted Freedom of Access to Clinic Entrances Act The Freedom of Access to Clinic Entrances Act ("FACE" or the "Access Act"), Pub. L. No. 103-259, 108 Stat. 694 (May 26, 1994, ), passed in 1994, prohibits the use of intimidation or physical force to prevent or discourage persons from (A) gaining access to a reproductive health  (FACC FACC Fellow, American College of Cardiology ). See, e.g., Paulsen and McConnell, "The Doubtful Constitutionality of the Clinic Access Bill," 1 Va.J.Soc. Pol'y & Law 261-289 (1994); and Tribe, "The Constitutionality of the Freedom of Access to Clinic Entrances Act of 1993," 1 Va.J.Soc.Pol'y & Law 291-308 (1994).

30 114 S.Ct. at 2523-24.

31 Id.

12 Id. at 2525.

33 Id. at 2527.

34 Id. at 2528.

35 Id. at 2529. In Sabelko v. City of Phoenix, 846 F.Supp. 810 (D. Ariz. 1994), the court ruled unconstitutional an ordinance that effectively rendered sidewalk counseling, whether peaceful or not, dependent on the subjective reaction of the person approached.

36 Id.

37 Horizon Health Center v. Felicissimo, 638 A.2d 1260 (Sup. Ct. N.J. 1994).

38 Planned Parenthood Planned Parenthood

A service mark used for an organization that provides family planning services.
 Shasta-Diablo, Inc. v. Williams, 873 P.2d 1224 (Sup. Ct. Cal. 1994).

39 114 S. Ct. at 2528.

40 See, e.g., Ward v. Rock Against Racism Rock Against Racism (RAR) was a campaign set up by Red Saunders, Roger Huddle and others in winter 1976. It was founded in response to allegedly racist comments and gestures made by David Bowie and Eric Clapton. , 109 S. Ct. 2746 (1989) and Price v. State, 622 N.E.2d 954 (Sup. Ct. Ind. 1993).

41 114 S. Ct. at 2529.

42 Id.

43 Id. at 2529-30. See also, Frisby v. Schultz, 108 S.Ct. 2495 (1988).

44 Id. at 2430.

45 Id.

46 Vittitow v. City of Upper Arlington Upper Arlington, city (1990 pop. 34,128), Franklin co., central Ohio; inc. 1918. It is a residential suburb of Columbus. , 830 F.Supp. 1077 (S.D. Ohio E.D. 1993).

47 New York Times Co. v. Sullivan A landmark U.S. Supreme Court case, New York Times Co. v. Sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L. Ed. 2d 686 (1964), extended the First Amendment's guarantee of free speech to libel cases brought by public officials. , 376 U.S. 254, 270 (1964).

Special Agent Schofield is the Unit Chief of the Legal Instruction Unit at the FBI Academy The FBI Academy, located in Quantico, Virginia, is the training grounds for new Special Agents of the United States Federal Bureau of Investigation. It was first opened for use in 1972 on 385 acres (1.6 km²) of woodland. .
COPYRIGHT 1994 Federal Bureau of Investigation
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1994, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Author:Schofield, Daniel L.
Publication:The FBI Law Enforcement Bulletin
Date:Nov 1, 1994
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