Parties: Hill v. Colo.
Date: 2000-06-28
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Paragraph: 104 - In United States v. Grace, 461 U.S. 171 (1983), we declined to uphold a ban on certain expressive activity on the sidewalks surrounding the Supreme Court. The purpose of the restriction was the perfectly valid interest in security, just as the purpose of the restriction here is the perfectly valid interest in unobstructed access; and there, as here, the restriction furthered that interest-but it furthered it with insufficient precision and hence at excessive cost to the freedom of speech. There was, we said, "an insufficient nexus" between security and all the expressive activity that was banned, id., at 181-just as here there is an insufficient nexus between the assurance of access and forbidding unconsented communications within eight feet.
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Paragraph: 149 - N137* So long as legislation to this end does not abridge the constitutional liberty of one rightfully upon the street to impart information through speech or the distribution of literature, it may lawfully regulate the conduct of those using the streets. For example, a person could not exercise this liberty by taking his stand in the middle of a crowded street, contrary to traffic regulations, and maintain his position to the stoppage of all traffic; a group of distributors could not insist upon a constitutional right to form a cordon across the street and to allow no pedestrian to pass who did not accept a tendered leaflet; nor does the guarantee of freedom of speech or of the press deprive a municipality of power to enact regulations against throwing literature broadcast in the streets. Prohibition of such conduct would not abridge the constitutional liberty since such activity bears no necessary relationship to the freedom to speak, write, print or distribute information or opinion.
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Paragraph: 150 - This court has characterized the freedom of speech and that of the press as fundamental personal rights and liberties. The phrase is not an empty one and was not lightly used. It reflects the belief of the framers of the Constitution that exercise of the rights lies at the foundation of free government by free men.
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Paragraph: 20 - How far may men go in persuasion and communication, and still not violate the right of those whom they would influence? In going to and from work, men have a right to as free a passage without obstruction as the streets afford, consistent with the right of others to enjoy the same privilege.
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Paragraph: 21 - While the freedom to communicate is substantial, N211* "the right of every person `to be let alone' must be placed in the scales with the right of others to communicate."
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Paragraph: 40 - We concluded our opinion by emphasizing that the First Amendment protects the right of every citizen to " `reach the minds of willing listeners and to do so there must be opportunity to win their attention.'
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Paragraph: 168 - To restrict the right of the speaker to hand her a leaflet, to hold a sign, or to speak quietly is for the Court to deny the neutrality that must be the first principle of the First Amendment.
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Paragraph: 93 - To support the legitimacy of its self-invented state interest, the Court relies upon a bon mot in a 1928 dissent (which we evidently overlooked in Schenck). It characterizes the "unwilling listener's interest in avoiding unwanted communication" as an "aspect of the broader right to be let alone' " Justice Brandeis coined in his dissent in Olmstead v. United States, 277 U.S. 438, 478. The amusing feature is that even this slim reed contradicts rather than supports the Court's position. The right to be let alone that Justice Brandeis identified was a right the Constitution "conferred, as against the government"; it was that right, not some generalized "common-law right" or "interest" to be free from hearing the unwanted opinions of one's fellow citizens, which he called the "most comprehensive" and "most valued by civilized men." Ibid. (emphasis added). To the extent that there can be gleaned from our cases a "right to be let alone" in the sense that Justice Brandeis intended, it is the right of the speaker in the public forum to be free from government interference of the sort Colorado has imposed here.
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Paragraph: 121 - In a further glaring departure from precedent we learn today that citizens have a right to avoid unpopular speech in a public forum. Ante, at 11-12. For reasons Justice Scalia explains in convincing fashion, neither Justice Brandeis' dissenting opinion in Olmstead v. United States, 277 U.S. 438, 478 (1928), nor the Court's opinion in American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184 (1921), establishes a right to be free from unwelcome expression aired by a fellow citizen in a traditional public forum: "The Fourteenth Amendment does not permit a State to make criminal the peaceful expression of unpopular views."
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Paragraph: 148 - one is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may exercised in some other place.Schneider made clear that while citizens may not enjoy a right to force an unwilling person to accept a leaflet, they do have a protected right to tender it. The Court stressed a basic First Amendment precept: N269* [T]he streets are natural and proper places for the dissemination of information and opinion; and one is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may exercised in some other place."
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Paragraph: 145 - N100* They want to engage in peaceful face-to-face communication with individuals the petitioners believe are about to commit a profound moral wrong. Without the ability to interact in person, however momentarily, with a clinic patron near the very place where a woman might elect to receive an abortion, the statute strips petitioners of using speech in the time, place, and manner most vital to the protected expression.
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Paragraph: 163 - N101* That this advocacy occurred in the heat of a controversial referendum vote only strengthens the protection afforded to Mrs. McIntyre's expression:N102* Urgent, important, and effective speech can be no less protected than impotent speech, lest the right to speak be relegated to those instances when it is least needed. No form of speech is entitled to greater constitutional protection than Mrs. McIntyre's."
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Paragraph: 66 - N252* ("Our cases make clear - that even in a public forum the government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions N253* `are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information' "
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Paragraph: 19 - The unwilling listener's interest in avoiding unwanted communication has been repeatedly identified in our cases. It is an aspect of the broader N254* "right to be let alone" that one of our wisest Justices characterized as "the most comprehensive of rights and the right most valued by civilized men." Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting). The right to avoid unwelcome speech has special force in the privacy of the home, Rowan v. Post Office Dept., 397 U.S. 728, 738 (1970), and its immediate surroundings, Frisby v. Schultz, 487 U.S., at 485, but can also be protected in confrontational settings.
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Paragraph: 131 - Rather than adhere to this rule, the Court turns it on its head, stating the statute's overbreadth is "a virtue, not a vice." Ante, at 26. The Court goes even further, praising the statute's "prophylactic approach; it forbids all unwelcome demonstrators to come closer than eight feet." Ante, at 24. Indeed, in the Court's view, "bright-line prophylactic rule[s] may be the best way to provide protection" to those individuals unwilling to hear a fellow citizen's message in a public forum. Ante, at 25. The Court is quite wrong. Overbreadth is a constitutional flaw, not a saving feature. Sweeping within its ambit even more protected speech does not save a criminal statute invalid in its essential reach and design.
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Paragraph: 163 - N255* N256* "Urgent, important, and effective speech can be no less protected than impotent speech, lest the right to speak be relegated to those instances when it is least needed. No form of speech is entitled to greater constitutional protection than Mrs. McIntyre's."
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