The Law School Authority

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.

Copyright © 2001-2012 All rights reserved. Privacy Policy HotChalk Partner