The V. New York City Transit Authority Essay

888 Words Sep 28th, 2016 4 Pages
In Young v. New York City Transit Authority, the courts used different tests and relevant precedents to determine if begging and panhandling should be protected under the freedom of speech doctrine. The two-prong test was developed by the Supreme Court in Spence v. Washington to determine if expressive conduct was protected as a form of speech under the First Amendment. “The first prong of the test requires a court to determine whether there exists an intent to convey a “particularized message.” The second prong requires a determination as to whether the likelihood is great that the message being conveyed will be understood by those who are exposed to it” (Zur, 1992). This is important to because both prongs need to be satisfied in order for expressive conduct to be protected under the First Amendment. Once that is established, then one must determine which level of scrutiny will be used in the analysis. The first level of scrutiny which is referred to as strict scrutiny is used to determine the constitutionality of certain laws and to pass it, there must be a compelling governmental interest. The second level of scrutiny is used to determine conduct that is unrelated to the suppression of free expression. In Young v. New York City Transit Authority, the courts used the strict scrutiny test in a content-based restriction.

Another important analysis is whether Section 1050.6 constituted content-based restrictions or content-neutral restrictions. Content-Base Restrictions…

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