Notable Controversies in Time, Place and Manner

Time, place and manner restrictions have been imposed in a wide variety of communications cases. Before the restrictions may be imposed, however, they must go through a three pronged test in order to determine the constitutionality of the regulation. One of the most important and fundamental elements of the three pronged test is the idea that the regulation must be content neutral. The case of Collin v Smith directly discusses the importance of content neutrality in creating restrictions. This case originated when the National Socialist Party of America planned a march in Skokie, Illinois. During the march, members of the party would wear uniforms reminiscent of those worn by Nazi Germany during the Third Reich. The town of Skokie was home to many Jews, much of whom were survivors of the Nazi regime. In order to be permitted to march, the Village of Skokie passed a parade ordinance which required applicants to obtain $350,000 insurance and gave the village ability to deny a permit if the assembly would “incite violence, hatred, abuse or hostility toward a group of persons by reason of reference to religious, racial, ethnic, national or regional affiliation”. Seventh Circuit Court of Appeals held that the ordinance was a violation of the First Amendment because regulations were not content neutral as they aimed at limiting the demonstration because the town of Skokie objected the content of Nazi views and symbols.