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<br />JAN-06-2003 14:23 <br /> <br />RATWIK ROSZAK MALONEY <br /> <br />6123390038 <br /> <br />P.09 <br /> <br />Mr. Neal Beets <br />January 6, 2003 <br />Page 3 of6 <br /> <br />expressive activity, where the principal function of such property would be disrupted by <br />expressive activity. Examples of non public fora include prisons and military bases. United <br />States v. Albertini, 472 U.S. 675, 685-86 (1985); Greer v. Spoc~ 424 U.S. 828, 838 (1976). <br />Under this framework the City Council chambers, as well as varied meeting rooms at the <br />Oval, are classified as designated or limited public fora. <br /> <br />B. Neutral Time, Place and Manner Restrictions <br /> <br />Limited public fora may be regulated only via content neutral time, place and manner <br />restrictions. Paulsen, 925 F.2d at 69. To survive judicial scrutiny, such restrictions must be <br />justified without reference to the content of the regulated speech, must be narrowly tailored to <br />serve a significant governmental interes~ and must leave open ample alternative channels of <br />conlmunication of the infonnation. International Society for Krishna Consciousness Inc.~ v. <br />Lee~ 505 U.S. 672,678-79; Cornelius v. NAACP Legal Defense and Educational Fund, 473 <br />U,S. 788t 800 (1985). The government may limit access to certain speakers (e.g., student <br />groups) or certain subjects (school board business). Widmar v. Vincent, 454 U.S. 263 (1981); <br />Ci~- cf~v1adison JOiI1! School Tlistrict v. Wisconsin P11blic Em lavment Relations Comm'Il, <br />429 U.S. 167 (1976). It also need not keep such a forum open indefinitely. ~ 460 U.S. at <br />46. However, restrictions on use or availability must be applied evenhandedly to all similarly <br />situated parties., Id. at 45-46 and n.7. <br /> <br />Under this framework, a city ma.y not restrict the use of city facilities so as to deny <br />access to anyone particular group. Such a regulation would not be content neutral because it <br />cannot be applied without regard to the type of organization or speech that may occur at a <br />particular meeting. Furthermore, it is not applied evenhandedly to all similarly situated parties~ <br />but designed specifically to target one group. A regulation of this sort cannot be justified <br />without reference to the content of the speech, and therefore would not survive judicial <br />scrutiny. <br /> <br />On the other hand, a city has the ability to restrict the use of city facilities to certain <br />hours. This restriction is content neutral, as it applies without regard to the type of <br />organization or speech that may occur at a particular meeting. Second, the regulation is <br />narrowly tailored to serve a significant governmental interest. On the question of whether a <br />regulation is narrowly tailored to achieve the significant governmental interest~ the Supreme <br />Court has stressed that the time place and lnanner requirements need not be the least restrictive <br />or least intrusive means of achieving the govemment's end. Rather, the requirement of narrow <br />tailoring is satisfied "so long as the.. . regulation promotes a substantial government interest <br />that would be achieved less effectively absent the regulation." Ward v. Rock Against Racis!!!, <br />491 U.S. 781 (1989) (quoting Clark 468 U.S. at 293). <br />