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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 /> <br />