Question

During a labor dispute, a local labor union engaged in a public protest of what it claimed were unfair labor practices of a local business. As part of its protest, union members displayed a 10-foot inflatable rat-shaped balloon on a public sidewalk in front of the business involved in the dispute. A municipal ordinance banned all public displays of “balloon or inflated” signs except in case of a grand opening. The union challenged the ordinance in court as an unconstitutional ban on commercial speech.  

1) Is the ordinance constitutional, or is it valid (contect-netural) “time, place and manner” regulation?

2) What level of scrutiny will a court apply to the ordinance?

3) What if it were an election year and the labor union had placed the inflatable rat-shaped balloon in front of the local chapter of the Republican party or Democratic party to protest either party’s political platform?

Answer 1

Ans 1. Yes, the ordinance is constitutional to ban on commercial speech under the First Amendment to qualified protection. It could be valid as per the  “time, place, and manner” regulation i.e it may be allowed in case of a grand opening.

Ans 2. The court prohibits distribution, display, and circulation on the street of “commercial and business advertising matter,”  It consists of the following parts test whether governmental regulation of commercial speech is constitutional.

A. Under the First Amendment,  the commercial speech to be considered as protected speech, the speech must not be misleading, and the speech must concern lawful activity.

B. Second, in regulating the speech, the alleged governmental interest must be substantial.

C. The regulation must directly advance but it must not be more extensive than is necessary to serve the governmental interest.

Ans 3. At the time of election year, every political party used to protest either party’s political platform. They are free to campaign against each other. Those kinds of Speech are unconstitutional which promotes some types of Commerce.

Under few circumstances, the government may lawfully be allowed to compel certain commercial speech, and both Republican party or Democratic party enjoys such lawfully allowed freedom.