Frisby v. Schultz

Frisby v. Schultz, 487 U.S. 474 (1988), was a case in which the Supreme Court of the United States upheld the ordinance by the town of Brookfield, Wisconsin, preventing protest outside of a residential home.

[1] The majority opinion, written by Justice Sandra Day O'Connor, concluded that the ordinance was constitutionally valid because it was narrowly tailored to meet a "substantial and justifiable" interest in the state; left open "ample alternative channels of communication"; and was content-neutral.

[1] The picketing was "generally orderly and peaceful"—the town did not invoke ordinances on street obstructions, loud noises, or disorderly conduct—but "generated substantial controversy and numerous complaints.

"[1] Nevertheless, the majority held that the ordinance prohibiting the protest of residential houses did not violate the First Amendment because it is "content neutral," "leaves open ample alternative channels of communication," and serves a "significant government interest.

"[1] With respect to alternative channels of communication, the Court noted that the Brookfield ordinance did not prohibit protestors from entering residential neighborhoods, marching, canvassing, leafleting, or telephoning.

"[1] The Court distinguished its prior decisions invalidating "complete bans on expressive activity" in residential areas, such as Schneider v. New Jersey and Martin v. City of Struthers, stating that in these cases, "we have been careful to acknowledge that unwilling listeners may be protected when within their own homes.

"[1] The Court also found that the ordinance was narrowly tailored at the specific problem it intended to address: situations in which "[t]he resident is figuratively, and perhaps literally, trapped within the home, and, because of the unique and subtle impact of such picketing, is left with no ready means of avoiding the unwanted speech.

]"[3] Acknowledging the loosely worded ordinance, White opposed the potential condition of the legislation, which, if interpreted as such, would place a limitation on picketing in front of any residence where passers-by or anyone else would receive a message from a protest.