The Ordinance Is Not A Reasonable Time Essay

1358 Words 6 Pages
The ordinance is not a reasonable time, place, or manner restriction on the defendants’ freedom of speech because it is not narrowly tailored to promote or serve a significant government interest. The ordinance is not narrowly tailored to serve a significant government interest because the ordinance did not promote the public’s general enjoyment of the park, the viability of the park, the public’s health, safety and, welfare, or protect the park from overuse and unsanitary conditions.
Freedom of speech is subject to reasonable time, place, and manner restrictions in traditional public forums. Doyle, 163 N.H. at 221. When analyzing the restriction, a court must first determine if the restriction is content-based or content-neutral. Id. If a restriction is content-based, the restriction must be narrowly tailored to promote a compelling government interest. Doyle, 163 N.H. at 221. However, if a restriction is content-neutral, the restriction must be narrowly tailored to serve a significant government interest. Ward v. Rock Against Racism, 491 U.S. 781, 789 (1989). The “narrowly tailored” rule also extends to symbolic expression. Clark, 468 U.S. at 294. The restriction does not need to be the least restrictive or the least intrusive means of furthering the government’s interest, but it may not burden substantially more speech than is necessary. Doyle, 163 N.H. at 224. Additionally, narrow tailoring is fulfilled if the restriction addresses a significant interest that would be…

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