Usage Restrictions

Question 1

When may a government agency restrict communications protected under the 1st Amendment?

Answer 1

Time, place, and manner restrictions are valid if they (1) are content-neutral; (2) are narrowly tailored to serve a significant governmental interest; and (3) leave open ample alternative channels of communication. (One World Family Now, Hawaii T-shirt case)

Question 2

What does the Religious Land Use and Institutionalized Persons Act (RLUIPA) require before burdening a religious exercise?

Answer 2

a government land-use regulation that imposes a substantial burden on the religious exercise of a religious assembly or institution is unlawful unless the government demonstrates that:
○ imposition of the burden is in furtherance of a compelling governmental interest, and
○ is the least restrictive means of furthering that compelling governmental interest. (World Outreach Conference Center, YMCA Case)

Question 3

What are the two types of challenges for the constitutionality of a regulation restricting signs?

Answer 3

The measure restricts too little speech because its exemptions discriminate on the basis of the signs’ message

They prohibit too much protected speech. (City of Ladue)

Question 4

When may a city restrict signs?

Answer 4

City can place reasonable restrictions on time, place and manner for signs.

Cannot permit commercial (non-protected) speech and prohibit non-commercial (protected) speech.

Residential signs are an unusually cheap and convenient form of communication.
(City of Ladue)