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Thomas v. Chicago Park District

Supreme Court of the United States · 2002 · Constitutional Law

Constitutional LawFirst AmendmentPublic forumTime, place, and manner regulationPrior restraintPermitsFirst Amendmentprior restraint

Facts

The Chicago Park District adopted an ordinance requiring a permit for public assemblies, parades, picnics, or other events involving more than fifty people, and for certain activities such as creating amplified sound in public parks. The ordinance requires applications to be processed in order of receipt, generally requires a decision within 14 days with a possible 14-day extension, and allows denial only on specified grounds; written reasons must be given, and an administrative appeal is available, followed by state-court review by common-law certiorari. Petitioners repeatedly sought permits for rallies advocating legalization of marijuana; some permits were granted and others denied. They challenged the ordinance on its face, arguing that it lacked the procedural safeguards required by Freedman v. Maryland and vested too much discretion in officials.

Issue

Must a municipal park permit ordinance governing large events in a public forum include the procedural safeguards described in Freedman v. Maryland? Also, does this content-neutral permit scheme give officials impermissibly broad discretion in deciding whether to grant or deny permits?

Rule

The procedural safeguards required in Freedman apply to licensing schemes that condition expression on prior approval of content, not to content-neutral time, place, and manner permit schemes regulating use of a public forum. A content-neutral permit scheme is valid if it contains adequate standards that are reasonably specific and objective, do not leave decisions to administrative whim, and are subject to effective judicial review.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Seattle requires a permit for any use of a city waterfront park by more than 75 people, including rallies, softball tournaments, weddings, and amplified concerts. The ordinance allows denial only for listed reasons such as conflicting reservations, unpaid prior property damage, incomplete applications, or unreasonable safety risks, and it provides for written reasons and court review.

A speaker whose permit was denied argues that the city must file a court action to uphold every denial and bear the burden of proof in court before the denial can stand. Which is the best answer?

Explanation. The majority held that Freedman's special procedural safeguards apply to licensing schemes that condition expression on prior approval of content, not to content-neutral time, place, and manner permit systems governing use of a public forum. Here, the ordinance applies to many park activities regardless of message and uses specified noncontent grounds for denial, so the city need not initiate litigation after every denial. (Derived from Thomas v. Chicago Park District (2002).)