Archive for September 13th, 2010

Time and Place vis-a-vis Freedom of Expression

Much as it pains the civil libertarians, the First Amendment has been pretty well established by the courts to not be absolute, where freedom of speech is concerned. The broadest limitation is often referred to as “time and place” – you (probably) have the constitutional right to stand on a soapbox and orate against the President to your heart’s content… just not in the middle of a busy intersection during rush hour. And you (probably) have the constitutional right to stand on a soapbox in the park, and decry abortion providers – just not at one in the morning… or during a pro-choice rally.

And you can yell “Fire!” at the shooting range, but not so much at the movie theater.

In the sleepy little town of Moorhead, Minnesota, apparently there are “time and place” restrictions on freedom of expression now, too.
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Published in: General | on September 13th, 2010 | No Comments »