Ward v. Rock Against Racism
Encyclopedia
Ward v. Rock Against Racism, , was a case decided by the United States Supreme Court.
In an opinion by Justice Kennedy, the Court rejected a First Amendment
challenge to a New York City
regulation mandating the use of city provided sound systems and technicians to control the volume of concerts in New York City's Central Park
. The Court found that the city had a substantial interest in limiting excessive noise and the regulation was "content neutral". The court found that "narrow tailoring
" would be satisfied so long as the regulation promoted a substantial government interest that would be achieved less effectively absent the regulation.
Justices Marshall
, Brennan
and Stevens
dissented.
In his dissent, Marshall agreed with the majority that the government has a substantial interest in controlling noise, but believes that it may not advance that interest by actually asserting control over the amplification equipment and thus over private expression itself. The government has an obligation to adopt the least intrusive restriction necessary to achieve its goals, such as enforcing the noise ordinance that has already been adopted.
In an opinion by Justice Kennedy, the Court rejected a First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
challenge to a New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
regulation mandating the use of city provided sound systems and technicians to control the volume of concerts in New York City's Central Park
Central Park
Central Park is a public park in the center of Manhattan in New York City, United States. The park initially opened in 1857, on of city-owned land. In 1858, Frederick Law Olmsted and Calvert Vaux won a design competition to improve and expand the park with a plan they entitled the Greensward Plan...
. The Court found that the city had a substantial interest in limiting excessive noise and the regulation was "content neutral". The court found that "narrow tailoring
Narrow tailoring
Narrow tailoring is the legal principle that a law be written to specifically fulfill only its intended goals....
" would be satisfied so long as the regulation promoted a substantial government interest that would be achieved less effectively absent the regulation.
Justices Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
and Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
dissented.
In his dissent, Marshall agreed with the majority that the government has a substantial interest in controlling noise, but believes that it may not advance that interest by actually asserting control over the amplification equipment and thus over private expression itself. The government has an obligation to adopt the least intrusive restriction necessary to achieve its goals, such as enforcing the noise ordinance that has already been adopted.
See also
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases, volume 491
- List of United States Supreme Court cases by the Rehnquist Court