UNITED STATES OF AMERICA ) Criminal No. 87-0157 ) v. ) FILED ) JUN 17 1987 CARL MUSSER ) Clerk U.S. District Court ___________________________) District of Columbia
I. REQUIRING DEMONSTRATORS TO BE WITHIN THREE FEET OF THEIR SIGNS DOES NOT VIOATE THE FIRST AMENDMENT.
[e]xpression ... is subject to reasonable time, place, or manner restricions ... provided tat they are justified without reference to the content of the regulated
speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.
Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293-94 (1984)(citations omitted). The regulation at issue merely requires demonstrators to remain within three feet of their signs. The three foot rule is content neutral and leaves open ample alternative channels for communication. The rule is also narrowly tailored to serve significant governmental interests. The rule protects the aesthetics of Lafayette Park by prohibiting persons from abandoning or not attending their signs. Clark, 468 U.S. at 296. The rule is also tailored to serve the substantial interest in the security of the White House, high government officials and the public. See White House Vigil v. Clark, 746 F.2d 1518 (D.C. Cir. 1984). Accordingly, because the three foot rule is content neutral, leaves open ample alternatives for communication, and is narrowly tailored to serve substantial governmental interests, the Corut finds that the regulation is constitutional on its face.
Charles R. Richey
UNITED STATES DISTRICT JUDGE