Grayned v City of Rockford Quiz

A junior attorney provides you with the following background: Petitioner in Grayned v. City of Rockford was convicted of violating a city’s anti-noise ordinance and anti-picketing ordinances. These ordinances prohibited protesting and making too much noise near a school while school was in session. Petitioner had joined a protest for racial justice a short distance from the school. The Supreme Court of Illinois affirmed his conviction and petitioner appealed to the Supreme Court of the United States on grounds that the ordinances were unconstitutional.

Which of the following best describes what the junior attorney provided you?

After in Grayned v. City of Rockford about  how defendant joined a protest and was arrested, you continue reading the case:

At the time of appellant’s arrest and conviction, Rockford’s antipicketing ordinance provided that:

‘A person commits disorderly conduct when he knowingly:

‘(i) Pickets or demonstrates on a public way within 150 feet of any primary or secondary school building while the school is in session and one-half hour before the school is in session and one-half hour after the school session has been concluded, provided that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute . . ..’ Code of Ordinances, c. 28, § 18.1(i).

Which of the following best summarizes this section of the case?

This ordinance is identical to the Chicago disorderly conduct ordinance we have today considered in Police Department of Chicago v. Mosley, 408 U.S. 92, 92 S.Ct. 2286, 33 L.Ed.2d 212. For the reasons given in Mosley, we agree with dissenting Justice Schaefer below, and hold that § 18.1(i) violates the Equal Protection Clause of the Fourteenth Amendment. Appellant’s conviction under this invalid ordinance must be reversed.

Which of the following best summarizes this portion of the case?

The antinoise ordinance reads, in pertinent part, as follows:

‘(N)o person, while on public or private grounds adjacent to any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order of such school session or class thereof. . . .’ Code of Ordinances, c. 28, § 19.2(a).

Which of the following best describes this portion of the case?

Appellant claims that, on its face, this ordinance is both vague and overbroad, and therefore unconstitutional. We conclude, however, that the ordinance suffers from neither of these related infirmities.

Which of the following best describes this portion of the case?

A. Vagueness

It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Third, but related, where a vague statute ‘abut(s) upon sensitive areas of basic First Amendment freedoms,’ it ‘operates to inhibit the exercise of (those) freedoms.’ Uncertain meanings inevitably lead citizens to “steer far wider of the unlawful zone’ . . . than if the boundaries of the forbidden areas were clearly marked.’

Which of the following best describes this portion of the case?

We find no unconstitutional vagueness in the antinoise ordinance . . .[A]lthough the prohibited quantum of disturbance is not specified in the ordinance, it is apparent from the statute’s announced purpose that the measure is whether normal school activity has been or is about to be disrupted. We do not have here a vague, general ‘breach of the peace’ ordinance, but a statute written specifically for the school context, where the prohibited disturbances are easily measured by their impact on the normal activities of the school. Given this ‘particular context,’ the ordinance gives ‘fair notice to those to whom (it) is directed.’ 

Which of the following best describes what the Supreme Court is writing in this section?

Although the Rockford ordinance may not be as precise as the statute we upheld in Cameron v. Johnson, 390 U.S. 611, 88 S.Ct. 1335, 20 L.Ed.2d 182 (1968)—which prohibited picketing ‘in such a manner as to obstruct or unreasonably interfere with free ingress or egress to and from’ any courthouse—we think that, as in Cameron, the ordinance here clearly ‘delineates its reach in words of common understanding.’ Id., at 616, 88 S.Ct., at 1338.

Which of the following best describes what the Supreme Court is writing here?

Cox v. Louisiana, 379 U.S. 536, 85 S.Ct. 453, 13 L.Ed.2d 471 (1965), and Coates v. Cincinnati, 402 U.S. 611, 91 S.Ct. 1686, 29 L.Ed.2d 214 (1971), on which appellant particularly relies, presented completely different situations. In Cox, a general breach of the peace ordinance had been construed by state courts to mean ‘to agitate, to arouse from a state of repose, to molest, to interrupt, to hinder, to disquiet.’ The Court correctly concluded that, as construed, the ordinance permitted persons to be punished for merely expressing unpopular views. In Coates, the ordinance punished the sidewalk assembly of three or more persons who ‘conduct themselves in a manner annoying to persons passing by . . ..’ We held, in part, that the ordinance was impermissibly vague because enforcement depended on the completely subjective standard of ‘annoyance.’

Which of the following best describes what the Supreme Court is writing here?

In contrast, Rockford’s antinoise ordinance does not permit punishment for the expression of an unpopular point of view, and it contains no broad invitation to subjective or discriminatory enforcement. Rockford does not claim the broad power to punish all ‘noises’ and ‘diversions.’ The vagueness of these terms, by themselves, is dispelled by the ordinance’s requirements that (1) the ‘noise or diversion’ be actually incompatible with normal school activity; (2) there be a demonstrated causality between the disruption that occurs and the ‘noise or diversion’; and (3) the acts be ‘willfully’ done. 

Which of the following best describes what the Supreme Court is writing in this section?

B. Overbreadth

A clear and precise enactment may nevertheless be ‘overbroad’ if in its reach it prohibits constitutionally protected conduct. The crucial question, then, is whether the ordinance sweeps within its prohibitions what may not be punished under the First and Fourteenth Amendments.

Which best describes what the Supreme Court is writing in this section?

‘In considering the right of a municipality to control the use of public streets for the expression of religious (or political) views, we start with the words of Mr. Justice Roberts that ‘Wherever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.’ Hague v. C.I.Q., 1939, 307 U.S. 496, 515, 59 S.Ct. 954, 964, 83 L.Ed. 1423.’ Kunz v. New York, 340 U.S. 290, 293, 71 S.Ct. 312, 314, 95 L.Ed. 280 (1951). See Shuttles-worth v. Birmingham, 394 U.S. 147, 152, 89 S.Ct. 935, 939, 22 L.Ed.2d 162 (1969). The right to use a public place for expressive activity may be restricted only for weighty reasons.

Which of the following best describes what the Supreme Court is writing in this section?

Clearly, government has no power to restrict such activity because of its message. Our cases make equally clear, however, that reasonable ‘time, place and manner’ regulations may be necessary to further significant governmental interests, and are permitted. For example, two parades cannot march on the same street simultaneously, and government may allow only one. Cox v. New Hampshire, 312 U.S. 569, 576, 61 S.Ct. 762, 765, 85 L.Ed. 1049 (1941). A demonstration or parade on a large street during rush hour might put an intolerable burden on the essential flow of traffic, and for that reason could be prohibited. Cox v. Louisiana, 379 U.S., at 554, 85 S.Ct., at 464. If overamplified loudspeakers assault the citizenry, government may turn them down. Kovacs v. Cooper, 336 U.S. 77, 69 S.Ct. 448, 93 L.Ed. 513 (1949); Saia v. New York, 334 U.S. 558, 562, 68 S.Ct. 1148, 1150, 92 L.Ed. 1574 (1948). Subject to such reasonable regulation, however, peaceful demonstrations in public places are protected by the First Amendment. Of course, where demonstrations turn violent, they lose their protected quality as expression under the First Amendment.

Which of the following best describes what the Supreme Court is writing in this paragraph?

In light of these general principles, we do not think that Rockford’s ordinance is an unconstitutional regulation of activity around a school. Our touchstone is Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969), in which we considered the question of how to accommodate First Amendment rights with the ‘special characteristics of the school environment.’ Id., at 506, 89 S.Ct. at 736. Tinker held that the Des Moines School District could not punish students for wearing black armbands to school in protest of the Vietnam war. Recognizing that “wide exposure to . . . robust exchange of ideas” is an ‘important part of the educational process’ and should be nurtured, id., at 512, 89 S.Ct., at 739, we concluded that free expression could not be barred from the school campus. We made clear that ‘undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression,’ id., at 508, 89 S.Ct., at 737, and that particular expressive activity could not be prohibited because of a ‘mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint,’ Id., at 509, 89 S.Ct., at 738. But we nowhere suggested that students, teachers, or anyone else has an absolute constitutional right to use all parts of a school building or its immediate environs for his unlimited expressive purposes. Expressive activity could certainly be restricted, but only if the forbidden conduct ‘materially disrupts classwork or involves substantial disorder or invasion of the rights of others.’

Which of the following best describes what the Supreme Court is writing in this section?

But we nowhere suggested that students, teachers, or anyone else has an absolute constitutional right to use all parts of a school building or its immediate environs for his unlimited expressive purposes. Expressive activity could certainly be restricted, but only if the forbidden conduct ‘materially disrupts classwork or involves substantial disorder or invasion of the rights of others.’ Id., at 513, 89 S.Ct., at 740. The wearing of armbands was protected in Tinker because the students ‘neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder.’ Id., at 514, 89 S.Ct., at 740.

Which of the following best describes what the Supreme Court is writing in this section?

Just as Tinker made clear that school property may not be declared off limits for expressive activity by students, we think it clear that the public sidewalk adjacent to school grounds may not be declared off limits for expressive activity by members of the public. But in each case, expressive activity may be prohibited if it ‘materially disrupts classwork or involves substantial disorder or invasion of the rights of others.’ Tinker v. Des Moines School District, 393 U.S., at 513, 89 S.Ct., at 740.

Which of the following best describes what the Supreme Court is writing in this section?

Rockford’s antinoise ordinance goes no further than Tinker says a municipality may go to prevent interference with its schools. It is narrowly tailored to further Rockford’s compelling interest in having an undisrupted school session conducive to the students’ learning, and does not unnecessarily interfere with First Amendment rights. Far from having an impermissibly broad prophylactic ordinance, Rockford punishes only conduct which disrupts or is about to disrupt normal school activities.

Which of the following best describes what the Supreme Court is writing in this section?

We recognize that the ordinance prohibits some picketing that is neither violent nor physically obstructive. Noisy demonstrations that disrupt or are incompatible with normal school activities are obviously within the ordinance’s reach. Such expressive conduct may be constitutionally protected at other places or other times, cf. Edwards v. South Carolina, 372 U.S. 229, 83 S.Ct. 680, 9 L.Ed.2d 697 (1963); Cox v. Louisiana, 379 U.S. 536, 85 S.Ct. 453, 13 L.Ed.2d 471 (1965), but next to a school, while classes are in session, it may be prohibited. The antinoise ordinance imposes no such restriction on expressive activity before or after the school session, while the student/faculty ‘audience’ enters and leaves the school.

Of the following, which is the most likely reason why the Supreme Court is citing the cases Edwards v. South Carolina and Cox v. Louisiana in the section above?

In Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965), this Court indicated that, because of the special nature of the place, persons could be constitutionally prohibited from picketing ‘in or near’ a courthouse ‘with the intent of interfering with, obstructing, or impeding administration of justice.’ Likewise, in Cameron v. Johnson, 390 U.S. 611, 88 S.Ct. 1335, 20 L.Ed.2d 182 (1968), we upheld a statute prohibiting picketing ‘in such a manner as to obstruct or unreasonably interfere with free ingress or egress to and from any . . . county . . . courthouses.’ As in those two cases, Rockford’s modest restriction on some peaceful picketing represents a considered and specific legislative judgment that some kinds of expressive activity should be restricted at a particular time and place, here in order to protect the schools. Such a reasonable regulation is not inconsistent with the First and Fourteenth Amendments. The antinoise ordinance is not invalid on its face.

Which of the following best summarizes what the Supreme Court is writing in this section?

The judgment is affirmed in part and reversed in part.

Based on your reading of this case, why is the judgment affirmed in part and reversed in part?

Of the following, which best expresses how Grayned v. City of Rockford may be applicable to the the appeal in B.L. v. Mahanoy School District?