A city council passes an ordinance prohibiting individuals from distributing flyers promoting any event on public sidewalks, claiming that this restriction reduces litter from discarded flyers. A local activist challenges the ordinance, claiming it violates their rights under the First Amendment. Is the ordinance constitutional?
The ordinance is constitutional because reducing litter is a legitimate government objective, and cities may regulate the use of sidewalks.
The ordinance is unconstitutional because a ban on distributing flyers in a public forum without sufficient justification violates the First Amendment.
The ordinance is unconstitutional because certain types of city regulation of public sidewalks are prohibited by the Commerce Clause.
The ordinance is constitutional because it regulates conduct (distribution of materials) and not speech.
The ordinance is unconstitutional because a ban on distributing flyers in a traditionally public forum like sidewalks imposes a content-based restriction that infringes on First Amendment rights. While the government has a legitimate interest in reducing litter, the ordinance is not narrowly tailored to meet this goal. Broad prohibitions on expressive activities require strict scrutiny and need to show they are the least restrictive means to achieve the objective, which this ordinance fails to do. Cities could adopt content-neutral measures, such as increased trash receptacles or targeted enforcement of littering laws. Other options are incorrect because they misunderstand the distinction between content-based and content-neutral restrictions or misapply constitutional principles. For instance, regulation of expressive conduct can still constitute a restriction on speech, and the Commerce Clause is irrelevant in this scenario because the city's restriction does not impact interstate commerce.
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What are content-based and content-neutral restrictions in the context of the First Amendment?
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What are some alternatives a city could implement to reduce litter without restricting free speech?