Bar Exam — MBE (Multistate Bar Exam)Constitutional LawEasy
A state legislature, concerned about the potential for social unrest, passes a law prohibiting any public assembly or demonstration within 500 feet of a state capitol building during legislative sessions. The law applies equally to all groups, regardless of their message. A civil rights organization plans a peaceful protest against a proposed bill and challenges the statute in federal court. How should the court rule on the constitutionality of this law?
- AThe law is constitutional because the state has an absolute right to maintain order around its capitol.
- BThe law is unconstitutional because it creates an undue burden on the right to assembly.
- CThe law is unconstitutional because it is a content-based restriction on speech.
- DThe law is constitutional if it is narrowly tailored to serve a significant government interest and leaves open ample alternative channels of communication.
Show answer & explanationAnswer & explanation
Correct answer: D. The law is constitutional if it is narrowly tailored to serve a significant government interest and leaves open ample alternative channels of communication.
This question involves a time, place, and manner restriction on speech in a public forum. Such restrictions are permissible if they are content-neutral, narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication. The law described meets the content-neutral requirement.
Why the other options are wrong
- A. The state's right to maintain order is not absolute and must be balanced against First Amendment rights through established legal tests.
- B. While it burdens assembly, the question is whether the burden is constitutionally permissible under the time, place, and manner test, not merely 'undue'.
- C. The law is content-neutral as it applies to all groups regardless of message.
Time, Place, and Manner Restrictions
Government regulations that limit when, where, and how expressive activities can occur in public forums.
- Must be content-neutral.
- Must be narrowly tailored to serve a significant government interest.
- Must leave open ample alternative channels for communication.
Memory trick: Content-Neutral, Narrowly Tailored, Ample Alternatives: CNAA for public speech.