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97. What is the best argument AGAINST the constitutionality of the ordinance?
Swimmers were unable to use a city-owned beach for several days because demonstrators protesting city policies had taken over the beach. Immediately after the demonstration ended, the city enacted an ordinance that banned «all First Amendment activities» on the beach.
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A is incorrect. The ordinance does not create a prior restraint on speech. A prior restraint is an injunction or administrative system that prevents speech from occurring. The ordinance here is a mere prohibition of speech, penalizing speech after it occurs.
C is incorrect. A public beach is not a traditional public forum. The Supreme Court has limited such forums to streets, sidewalks, and parks. Additionally, there is no indication in the facts that the city dedicated the beach as a speech forum.
D is incorrect. These facts are insufficient to conclude that the city enacted the ordinance because officials disapproved of the message of the protesters. Swimmers were unable to use the beach for several days because of the demonstrations. The concern for swimmers is a content-neutral interest that would permit the city to regulate demonstrations at the beach more narrowly.