Free Speech

[d-ray657]

Originally Posted by finnbow

By being a friggin' loudmouth a$$hole.

Let's say you're finally able to buy a small piece of property and build your idyllic cabin in the woods. Does someone, in the name of free speech, have the right to set up in your front yard and yell shit through a megaphone (particularly after you've told them to stop)?

Or in the name of free speech, should you be allowed to go into your local pub and repeat anything you hear through a megaphone while other patrons are trying to relax (after the pub owner has told you to cease and desist)? How about in a movie theater? In a church?

The First Amendment permits reasonable time, place and manner restrictions. However, simply because the speech is taking place on privately owned property is not sufficient grounds to restrict it.

The place where the megaphone man was proclaiming his message was a traditional public forum. It is an open area in which the public is welcomed. In this instance, it does not appear that the man was causing a breach of the peace. No one was impeded in their movement through the square; the megaphone was not as loud as the sirens that were heard going off, and likely not as loud as the trains when they are traveling, so one could hardly say that he was interfering with people's quiet enjoyment of the public area.

The examples Finn used, a private cabin or a local pub are not comparable to the public forum where the speech here was taking place. A private cabin is certainly not a public forum, and while a pub might get loud, and it is quite likely that there will be a vigorous exchange of ideas, it would be reasonable in that location to prevent the use of a megaphone. Others might have found the megaphone man's attitude and delivery distasteful, bit it was taking place outdoors in a public forum. Remember that the First Amendment is not needed to protect popular speech.

Regards,

D-Ray

EDIT: I'm not sure how the un-smiley got up there, but I didn't mean for it to be there.