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US Federal Constitution QUESTION #5828
Question 1
A city owns a public park. It allows various groups to hold rallies in the park but denies a permit to a group that wants to hold a rally 'celebrating the history of the Confederacy,' claiming it will cause public unrest. Is the denial constitutional?
  • Yes, because the city has a compelling interest in maintaining public order.
  • Yes, because the Confederacy is associated with unprotected 'hate speech.'
  • No, because the park is a 'public forum' and the denial is based on the content of the speech.✔️
  • No, because the city has not shown that a 'clear and present danger' exists.
Correct Answer Explanation
Parks are 'traditional public forums.' Regulations in these forums must be content-neutral (Time, Place, and Manner). If a regulation is content-based (denying a permit because of the 'topic'), it must survive strict scrutiny, and 'public unrest' or 'offense' is generally not a sufficient compelling interest.