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98. What standard of review should a court use in determining whether the city's denial of the permit violated the First Amendment?
An organization that opposes capital punishment applied to a city for a permit to demonstrate in a public park near the statehouse. In its permit application, the organization stated that it would show videos of executions, and that the executions depicted in the videos are violent. Although the city regularly allows the park to be used for expressive activity, it denied the organization a permit. The city was concerned that the videos would be disturbing to visitors at the statehouse, especially children.
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A is incorrect. The denial of the permit was a content-based restriction on expression in a traditional public forum because it was based on the content of the videos. Content-based restrictions on speech in a traditional public forum receive strict judicial scrutiny, which requires the city to prove that its denial of the permit was necessary to serve a compelling government interest. Thus, the appropriate standard is higher than proving an important government interest.
C is incorrect. The existence of alternative opportunities is relevant only in a case involving a content-neutral restriction on speech. Here, the denial of the permit was a content-based restriction on expression. Content-based restrictions on expression in a traditional public forum receive strict judicial scrutiny, which requires the city to prove that its denial of the permit was necessary to serve a compelling government interest.
D is incorrect. Whether speech is patently offensive is relevant only in obscenity cases, which involve expression relating to sex. Here, the city officials found the videos to be disturbing because of their violent content, not sexual content.