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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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