McPherson, U. That was confirmed by the fact that the particular report was sent to only five subscribers to the reporting service, who were bound not to disseminate it further. To cite another example, we concluded in San Diego v. The Court also noted that the protest was held on public property adjacent to a public street.
The Court reiterated the often cited conclusion that public streets and property are of heightened importance in terms of free speech and assembly and subject to greater Constitutional protection. The case does not stand for the proposition that government has no control over speech in a public place, as time, place and manner of speech restrictions issued by government may still be Constitutional.
The Court noted, that while Maryland did not have a funeral protest statute in place at the time of this event, there is such a statute in place today, as there is in 43 states as well as a federal statute. The Court did not consider the Constitutionality of these statutes but there seems to be an implicit suggestion in the decision that such statutes, relating to time place and manner would be Constitutional if reasonably based on a government interest.
The Court cited a number of cases where laws governing time, place and manner of speech were examined and upheld. Fund, Inc. Clark v. Community for Creative Non-Violence, U.
Maryland now has a law imposing restrictions on funeral picketing, Md. Law Code Ann. To the extent these laws are content neutral, they raise very different questions from the tort verdict at issue in this case. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Senate Bill No. An act to add Section Filed with Secretary of State September 17, Digital subscription includes: Unlimited access to CSMonitor.
The Monitor Daily email. No advertising. Cancel anytime. Renew subscription Return to the free version of the site. We logged you out. Log in again Return to the free version of the site. He also emphasized that the protestors conducted themselves peacefully on public streets pursuant to police directives and followed the laws.
David L. Hudson, Jr. This article was originally published in Collins, Ronald K. Hudson Jr. Hudson, David L. Alvarez, Lizette. Liptak, Adam. Updated December Funeral Protests [electronic resource]. Other articles in Laws and Proposed Laws, to present.
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