State v. Castellano, 506 N.W.2d 641 (Minn. App. 1993)
<br /> The United States Supreme Court addressed are narrowly tailored to serve a significant
<br />the facial constitutionality of an ordinance government interest, and leave open ample
<br />restricting residential picketing in Frisby v. alternative channels of communication.
<br />Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 L.Ed.2d
<br /> Id.
<br />420 (1988). In Frisby, the Court found
<br />constitutional a Brookfield, Wisconsin, ordinance
<br /> Respondent argues that White Bear
<br />that provided:
<br />Ordinance No. 63 meets all the requirements of
<br />Frisby. Appellant, conversely, would have this
<br />It is unlawful for any person to engage in
<br />court find the White Bear ordinance
<br />picketing before or about the residence or
<br />unconstitutional because it does not, in fact,
<br />dwelling of any individual in the Town of
<br />satisfy the requirements of Frisby. We agree with
<br />Brookfield.
<br />respondent that White Bear Ordinance No. 63 is
<br /> Id. at 477, 108 S.Ct. at 2498. The Brookfield facially constitutional under Frisby. However, we
<br />ordinance stated that its purpose was "the believe that Frisby compels us to narrowly
<br />protection and preservation of the home" through construe the White Bear Ordinance in order to
<br />assurance "that members of the community enjoy avoid constitutional overbreadth. We address
<br />in their homes and dwellings a feeling of well-each of the Frisby factors in turn.
<br />being, tranquility, and privacy." Id. According to
<br />Page 646
<br />the Town of Brookfield, prohibiting residential
<br />picketing was necessary because such picketing
<br />A. Content Neutrality
<br />"causes emotional disturbance and distress to the
<br />occupants * * * \[and\] has as its object the
<br /> In First Amendment time, place, or manner
<br />harassing of such occupants." Id.
<br />cases, the principal inquiry in determining
<br />whether legislation is content-neutral is "whether
<br /> An ordinance restricting targeted residential
<br />the government has adopted a regulation of
<br />picketing "operates at the core of the First
<br />speech because of disagreement with the message
<br />Amendment" because it prohibits picketing on
<br />it conveys." Ward v. Rock Against Racism, 491
<br />issues of public concern. Id. at 479, 108 S.Ct. at
<br />U.S. 781, 791, 109 S.Ct. 2746, 2754, 105 L.Ed.2d
<br />2499. In Frisby, the Court stated that restrictions
<br />661 (1989). An ordinance restricting expressive
<br />on public issue picketing are typically subject to
<br />activity is content-neutral so long as it is "justified
<br />careful scrutiny because of the importance of
<br />without reference to the content of the regulated
<br />"uninhibited, robust, and wide-open" debate on
<br />speech." Id. (quoting Clark v. Community for
<br />public issues. Id. (quoting New York Times Co. v.
<br />Creative Non-Violence, 468 U.S. 288, 293, 104
<br />Sullivan, 376 U.S. 254, 270, 84 S.Ct. 710, 720-21,
<br />S.Ct. 3065, 3069, 82 L.Ed.2d 221 (1984)).
<br />11 L.Ed.2d 686 (1964)). The Court specifically
<br />held that picketing on public streets is "the
<br /> The Frisby Court accepted the determination
<br />archetype of a traditional public forum" and such
<br />of the lower courts that the Brookfield ordinance
<br />status is not lost because a public street runs
<br />was content-neutral. Frisby, 487 U.S. at 482, 108
<br />through a residential area. Id. 487 U.S. at 480,
<br />S.Ct. at 2501. Appellant argues that Carey v.
<br />108 S.Ct. at 2500. Although in a "quintessential
<br />Brown, 447 U.S. 455, 100 S.Ct. 2286, 65 L.Ed.2d
<br />public forum\[ \], the government may not prohibit
<br />263 (1980) compels a conclusion that the White
<br />all communicative activity," Perry Educ. Ass'n v.
<br />Bear ordinance is not "content-neutral." We
<br />Perry Local Educators' Ass'n, 460 U.S. 37, 45, 103
<br />disagree and find Carey distinguishable. In Carey
<br />S.Ct. 948, 955, 74 L.Ed.2d 794 (1983), the
<br />the regulation prohibited residential picketing
<br />government may
<br />except for peaceful picketing of a place of
<br />employment involved in a labor dispute. Id. at
<br />enforce regulations of the time, place, and
<br />457, 100 S.Ct. at 2288. Because the regulation in
<br />manner of expression which are content-neutral,
<br />
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