Global InformationFree speech zone information
Free speech zones (also known as First Amendment zones, free speech cages, and protest zones) are areas set aside in public places for the purpose of political protesting. The First Amendment to the United States Constitution states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The existence of free speech zones is based on U.S. court decisions stipulating that the government may reasonably regulate the time, place, and manner – but not content – of expression.[1][2]
The Supreme Court has developed a four-part analysis to evaluate the constitutionality of time, place and manner (TPM) restrictions. To pass muster under the First Amendment, TPM restrictions must be neutral with respect to content, be narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. Application of this four-part analysis varies with the circumstances of each case, and typically requires lower standards for the restriction of obscenity and fighting words.[citation needed]
Free speech zones have been used at a variety of political gatherings. The stated purpose of free speech zones is to protect the safety of those attending the political gathering, or for the safety of the protesters themselves. Critics, however, suggest that such zones are "Orwellian",[3][4] and that authorities use them in a heavy-handed manner to censor protesters by putting them literally out of sight of the mass media, hence the public, as well as visiting dignitaries. Though authorities generally deny specifically targeting protesters, on a number of occasions, these denials have been contradicted by subsequent court testimony. The American Civil Liberties Union (ACLU) has filed, with various degrees of success and failure, a number of lawsuits on the issue.
Although free speech zones existed prior to the presidency of George W. Bush, it was during Bush's presidency that their scope was greatly expanded.[5] These zones continued through the presidency of Barack Obama, who signed a bill in 2012 that expanded the power of the Secret Service to restrict speech and make arrests.[6] Many colleges and universities earlier instituted free-speech-zone rules during the Vietnam-era protests of the 1960s and 1970s. In recent years, a number of them have revised or removed these restrictions following student protests and lawsuits.[citation needed]
- ^ O'Neill, Kevin Francis (November 6, 2012). "Time, Place and Manner Restrictions". Middle Tennessee State University | Middle Tennessee State University. Retrieved February 16, 2020.
- ^ Linder, Doug. "Time, Place and Manner Regulations and the First Amendment". UMKC School of Law | Powered by Experience. Retrieved February 16, 2020.
- ^ Bailey, Ronald. Orwellian "Free Speech Zones" violate the constitution. Reason, February 4, 2004. Retrieved on January 3, 2007.
- ^ McNulty, Rebecca. Fla. College Student Successfully Fights Campus 'Free Speech Zone'. Foundation for Individual Rights in Education Student Press Law Center, June 28, 2005. Retrieved January 3, 2007.
- ^ Freedom Under Fire: Dissent in Post-9/11 America. March 28, 2003.
- ^ "How Big a Deal is H.R. 347, That "Criminalizing Protest" Bill?". ACLU. March 8, 2012. Retrieved June 13, 2015.