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14. Which of the following standards should a court use to determine the constitutionality on its face of this content neutral ordinance?
After recurring complaints from occupants of residential buildings adjacent to the city park about intrusive noise from some performances held in the amphitheater, the town's city council passed an ordinance establishing city control over all sound amplification at all programs held there. The ordinance provided that the town's Department of Parks would be the sole provider in the amphitheater of sound amplification equipment and of the technicians to operate the equipment «to ensure a proper balance between the quality of the sound at such performances and respect for the privacy of nearby residential neighbors.»
The open-air amphitheater in the city park of a town has been utilized for concerts and other entertainment programs. Until this year, each of the groups performing in that city facility was allowed to make its own arrangements for sound equipment and sound technicians.
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A is correct. This regulation is a time, place, and manner regulation at a public forum because it is public property that has historically been open to speech-related activities and the regulation affects only the volume of the expression, not the content of the speech. Thus, the correct standard is that the regulation must be narrowly tailored to serve a substantial government interest and does not unreasonably limit alternative avenues of expression.
B is incorrect. The correct standard is not that the ordinance must be «rationally related to a legitimate government interest or unreasonably limit alternative avenues of expression.»
C is incorrect. The correct standard is also not that the ordinance must be «rationally related to a legitimate government interest and does not restrict the expressive rights involved any more than is reasonable under the circumstances.»
D is incorrect. Lastly, the standard is also not that the ordinance must be «substantially related to a legitimate governmental interest and does not restrict the expressive rights involved any more than is reasonable in light of the surrounding circumstances.»