Chicago Police Dept. v. Mosley Case Brief

Summary of Chicago Police Dept. v. Mosley

Facts: Ordinance permits peaceful labor picketing near schools but forbids all other peaceful picketing.

Issue: Can the city discriminate based on the subject matter of the speech?

Holding: No, the city can’t discriminate based on subject matter unless there is a substantial governmental interest and it is narrowly tailored. The ordinances discriminates in respect to the content of the expression without good justification and thus denies EP.

Reasoning: A time, place, and manner regulation may not be based on the content or subject matter of the speech unless the regulation is “necessary to serve a compelling state interest and narrowly drawn to achieve that end".

Once a forum is opened up to assembly by some groups, the government may not prohibit others from assembling on the basis of what they want to say un less it meets the above test.

Judgment: Invalidated the ordinance.

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