Freedom of speech is a fundamental American liberty guaranteed by the First Amendment of the United States Constitution. The Supreme Court of the United States has ruled that a governmental regulation cannot unduly burden an individual’s First Amendment rights. In Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, the Court considered whether a government ordinance was improperly restrictive of speech by examining the breadth of speech covered and by using a balancing test that weighed the affected speech against the government interest advanced by the ordinance. The Court concluded that the ordinance was invalid because it was both overly broad in its restriction of noncommercial speech and not adequately tailored towards the government’s stated interest. . . .
Constitutional Law—Speech Restriction, Governmental Interests, and an Ordinance’s Constitutionality—Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2002)
Mar 29, 2004 | Case Comments, Number 2, Print Edition, Volume 37