Ward v. Rock Against Racism Case Brief

Summary of Ward v. Rock Against Racism

Central Park bandshell. Requires groups to use their sound technician. Rock wants to do a concert w/ their own sound technician. Held: Regulation is ok.

a. Viewpoint discrimination argument: some music needs to be loud to enjoy it (e.g. punk)

b. Ct: This is a content-neutral regulation. Thus, it requires substantial govt interest, but narrow tailoring. [Ct starts at intermediate scrutiny, but has elements of strict scrutiny]

(1) re: Narrow tailoring: Is a reasonable alternative available or a “less restrictive means" ? (differs from EPC definition of narrow tailoring as a least restrictive means)

(a) Here, having a city technician is not the least restrictive means. It is a LESS RESTRICTIVE MEANS → midlevel scrutiny language.

(b) Least restrictive would mean that rock could bring its own technician.



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