Six Flags protest for animal rights leads to free speech restriction
Joseph Cuviello wished to conduct a protest at Six Flags in California, regarding Six Flags Discovery Kingdom use of animals and the treatment of them. Initially using the Six Flags parking lot, he was forced by Six Flags off it is property. While on the public sidewalk, Cuviello wished to use a bullhorn as part of his protest, in order to have some chance to compete with the loud sounds of the adjacent park.
The City of Vallejo had an ordinance that required anyone using sounds amplification as part of a protest to get a permit first. The ordinance made this requirement regardless of location.
Such restrictions are normally considered part of a "time, place, and manner" restriction. Such restrictions are normally considered at the intermediate level of scrutiny, rather than the strict scrutiny that would apply for content based restrictions.
In today's legal anaylsis, we discuss such restrictions, and we discuss whether the restriction are lawful as it applies to Cuviello's protest.
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