The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, February 27, 1989
Decision: Thursday, June 22, 1989
Issues: First Amendment, Miscellaneous
Categories: first amendment, forum, freedom of speech

Advocates

Leonard J. Koerner (Argued the cause for the petitioners)
William M. Kunstler (Argued the cause for the respondent)

Facts of the Case

New York City, responding to complaints of high-decibel concerts adjoining residential neighborhoods, mandated the use of city-provided sound systems and technicians for concerts in Central Park. Members of rock group claimed that the inability to use their own sound equipment and technicians in a concert in a public forum interfered with their First Amendment rights of expression.

Question

Does the New York ordinance substituting a city-employed technician and mixing board for a performer's mixer and equipment violate the First Amendment?

Conclusion

No. The Court upheld the ordinance, giving broad deference to the government's interest in maintaining order. As long as "the means chosen are not substantially broader than necessary to achieve the government's interest," a regulation will not be invalidated because a court concludes that the government's interest "could be adequately served by some less-speech-restrictive alternative."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Ward, 3 vote(s) against
Legal Provision: Amendment 1: Speech, Press, and Assembly
Voted with the majority
Rehnquist
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the minority, joined Marshall's dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Wrote the majority opinion
Kennedy
Full Opinion by Justice Anthony Kennedy

Cite this page

The Oyez Project, Ward v. Rock Against Racism, 491 U.S. 781 (1989),
available at: <http://www.oyez.org/cases/1980-1989/1988/1988_88_226/>
(last visited ).