Frisby v. Schultz Alyssa Goodwin. Background Brookfield, Wisconsin Pro-life picketing Sandra Schultz Robert Braun Targeted Ordinance Residential area.

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Presentation transcript:

Frisby v. Schultz Alyssa Goodwin

Background Brookfield, Wisconsin Pro-life picketing Sandra Schultz Robert Braun Targeted Ordinance Residential area People from ,12z/data=!3m1!4b1!4m2!3m1!1s0x880506dd510b5b6b:0xf370e7d69487c16b

Town Ordinance “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.”

United States District Court for the Eastern District of Wisconsin Relief from ordinance Claimed ordinance violated rights under the First Amendment Defendants: three members of the Town Board, the Chief of Police, the town attorney, and the town of Brookfield Plaintiff: Mrs. Shultz and Mr. Braun

Decision of the Appeals Court Found the ordinance unconstitutional Not tailored enough to restrict freedom of speech or assembly Defendants needed to appeal the injunction and/or request a trial

The Supreme Court June 27, 1988 Opinion Delivered by Justice O’Connor Opinion: Ordinance still allows for other means of communications Case did serve a significant government interest Determined what a “home” is Decision Contrary judgement of the Court of Appeals was reversed baylor.edu/mediacommunications/news.php?a ction=story&story=114026

Dissenting Opinions Justice Brennman The ordinance “over did it” Picketing could have been managed differently No evidence that supports targeting Justice Stevens Too broad because it eliminates all picketing Would restrict a fifth grader from carrying a poster in a residence for a period of time displaying a friendly message to its intended audience

Political Impact Focuses on the freedoms given to us by the First Amendment Americans do have the right to freedom of speech and assembly, however, There are different types of forums to which the freedom applies Public forum Public forum designated by the government Nonpublic forum People cannot intrude on other’s rights Role of the government is to protect the people

Works Cited "FRISBY ET AL. V. SCHULTZ ET AL." Supreme Court of the United States. Accessed December 2, "Frisby v. Schultz, 487 U.S. 474 (1988)." Justia. Accessed December 2, "Frisby v. Schultz, United States Supreme Court." Quimbee. Accessed December 2, "Frisby v. Schultz." Cornell University of Law. Accessed December 2,