#Ordinary scrutiny full#
Thus, when protests occur on private property, the property owners are free to restrict unwanted speech, ban weapons, require event organizers to pay the full costs of providing security, and otherwise limit potentially harmful conduct. Those Amendments-like many constitutional provisions-regulate only governmental actors, not private individuals.
This chapter explores the general frameworks and specific features of First and Second Amendment doctrine that are most relevant to the context of public demonstrations.
#Ordinary scrutiny update#
ICAP is working now to update the guidance in light of Bruen.
The Generally Applicable Second Amendment Principles outlined below do not yet reflect the changes in law announced in Bruen. Bruen, a major new Second Amendment case. Supreme Court decided New York Rifle & Pistol Ass'n v. Relevant Constitutional Principles IntroductionĭISCLAIMER: In June, 2022, the U.S. Ensure Police Protection of Both Protesters and Counter-Protesters.Consider Using a “Stadium-Style” Security Plan with Limited Entry Points, Security Screening, and Buffer Zones Between Protesters and Counter-Protesters.Publicize Time, Place, and Manner Restrictions Through Multiple Means.If Applicable, Draw Attention to the Questionable Credibility or Motives of the Source of the Misinformation.Makes Sure the Correction Comes From a Credible Source.Correct Misinformation as Quickly as Possible.Ensure Adequate Information-Sharing Mechanisms.Engage in Event-Specific Planning with All Constituencies.Establish Permitting Systems or Other Processes for Imposing Time, Place, and Manner Restrictions on Events on Public Property.Lay the Groundwork Now to Have the Tools in Place.