The Use of “Speech Zones” to Control Public Discourse in Twenty-First-Century America

Abstract

The health of democracy in the United States, which is grounded in civic debate and participation, requires that we remain vigilant in monitoring restrictions on public discourse. One reason for close scrutiny today is that heightened controls on expression in the twenty-first century are not always highly visible. They often are reflected in mere restrictions on the time, place, or manner of public discussion. Recent courts’ interpretation of First Amendment rights increasingly has supported strict controls on the time, place, or manner of protest and other forms of political dissent.