Frisby v. Schultz

Frisby v. Schultz
Case Title	Frisby v. Schultz, 487 U.S. 474 (1988)
Date	1988
Appealed	No
Personal Information
Taxonomy
Link to Ruling
Country/Jurisdiction	United States
State or Province
Regulatory Bodies
Decided	Yes
Arbitrator	US Supreme Court
Related Laws	Constitution - Amendment I

Short Summary

Frisby v. Schultz, 487 U.S. 474 (1988), was a case in which the Supreme Court of the United States upheld the ordinance by the town of Brookfield, Wisconsin, preventing protest outside of a residential home. In a 6–3 decision, the Court ruled that the First Amendment rights to freedom of assembly and speech was not facially violated. The majority opinion, written by Justice Sandra Day O'Conner, concluding that the ordinance was constitutionally valid because it was narrowly tailored to meet a "substantial and justifiable" interest in the state; left open "ample alternative channels of communication"; and was content-neutral.

Background

In the Milwaukee, Wisconsin suburb of Brookfield, Sandra C. Schultz and Robert C. Braun protested abortion by picketing outside the home of a doctor who performed abortions. The pair picketed on at least six occasions in April and May 1985, for between 60 and 90 minutes each time, with a group of protesters that ranged in size from 11 to more than 40. The picketing was "generally orderly and peaceful"—the town did not invoke ordinances on street obstructions, loud noises, or disorderly conduct—but "generated substantial controversy and numerous complaints." In response, Brookfield Town Board enacted an ordinance restricting picketing in residential neighborhoods, except for labor picketing. The town later realized the Supreme Court had struck down a similar ordinance in Carey v. Brown, 447 U.S. 455 (1980), as a violation of the Equal Protection Clause, of the Fourteenth Amendment since it "makes an impermissible distinction between peaceful labor picketing and other peaceful picketing." As a result, the town repealed its ordinance and passed a new ordinance banning all residential picketing: "It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual in the Town of Brookfield." The ordinance stated that its main purpose was to protect and preserve the home and assure "that members of the community enjoy in their homes and dwellings a feeling of well-being, tranquility, and privacy." The Town Board also found that "the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants ... and has as its object the harassing of such occupants." Justice Sandra Day O'Connor wrote the majority opinion in the 6–3 decision. Chief Justice William Rehnquist, and Justices Harry Blackmun, Antonin Scalia, and Anthony Kennedy joined in the majority opinion. The majority held that public streets are a "traditional public forum" for purposes of forum analysis, despite the fact that the residential streets specifically at issue here were physically narrow. The Court thus acknowledged that "the antipicketing ordinance operates at the core of the First Amendment." Nevertheless, the majority held that the ordinance prohibiting the protest of residential houses did not violate the First Amendment because it is "content neutral," "leaves open ample alternative channels of communication," and serves a "significant government interest."With respect to alternative channels of communication, the Court noted that the Brookfield ordinance did not prohibit protestors from entering residential neighborhoods, marching, canvassing, leafleting, or telephoning.

Decision

The Court also found that the government had a significant interest in "the protection of residential privacy." Citing cases such as Rowan v. United States Post Office Department, FCC v. Pacifica Foundation, and Kovacs v. Cooper, the Court found that "a special benefit of the privacy all citizens enjoy within their own walls, which the State may legislate to protect, is an ability to avoid intrusions." The Court distinguished its prior decisions invalidating "complete bans on expressive activity" in residential areas, such as Schneider v. New Jersey and Martin v. City of Struthers, stating that in these cases, "we have been careful to acknowledge that unwilling listeners may be protected when within their own homes." The Court also found that the ordinance was narrowly tailored at the specific problem it intended to address: situations in which "the resident is figuratively, and perhaps literally, trapped within the home, and, because of the unique and subtle impact of such picketing, is left with no ready means of avoiding the unwanted speech."