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Chicago
Police Dept. v. Mosley
Author: Lindsey
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 cant 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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