American Constitutionalism in Historical Perspective (packet)

Egalitarian argument: SC Reversed b/c if allow this exemption then opens door to other groups who want to communicate (political advocacy groups, gay rts, etc). C/n privilege this advocacy over others (compromise threatens equality)

Brennan dissents: statute c’ve been more narrowly tailored to handle crowding concerns w/out restricting the Krishna’s free exercise rts which should trump maintaining order. Law should only apply to selling literature and $ solicitation b/c more intimidating but protect handing out lit. When speech is unpopular, should be able to reach out, otherwise prohibiting their expression.

Aesthetics:

1. 
   Metromedia: strikes down ban on all billboards except for listed exceptions b/c exceptions point to content-based regulations.
   
2. 
   Members of City Council v. Taxpayers for Vincent, 1984: upheld total ban on posting signs on public property b/c its content neutral, there is a strong interest in reducing visual clutter, and there are alternatives (going door to door). Majority d/n want to make exception for political speech b/c then law is content-based. Brennan Dissent: reg could me much less restrictive—it’s just aesthetic justification, and that’s worrisome. Concerned that class bias included in the aesthetic considerations, removing cheap alternative for communication.
   

Park Restrictions

1. 
   Clark v. CCNV, 1984: upheld reg forbidding demonstrators from sleeping in park at night for homelessness awareness. Park allows them to demonstrate but not to sleep. Held statute was a reasonable TPM reg, no illimitable right to stay in park all night. A reasonable content neutral ban on sleeping in the park. 2 analyses:
   
   1. 
      O’Brienà valid
      
      1. 
         Within constitutional power: YES
         
      2. 
         Substantial State interest: YES
         
      3. 
         Directed at action, not speech: YES
         
      4. 
         If speech suppressive, no more than necessary: YES
         
   2. 
      TMPà valid
      
      1. 
         Content-neutral: no evidence of targeting
         
      2. 
         Leaves alternatives
         
      3. 
         Park service is allowing 24 hr. vigil—much accommodation, not discrimination
         
   3.