THOMAS et al. – Appellant
Versus
CHICAGO PARK DISTRICT, (2002) – Respondent
Respondent Chicago Park District adopted an ordinance requiring individuals to obtain a permit before conducting large-scale events in public parks. The ordinance provides that the Park District may deny a permit on any of 13 specified grounds, must process applications within 28 days, and must explain its reasons for a denial. An unsuccessful applicant may appeal, first, to the Park Districts general superintendent and then to state court. Petitioners, dissatisfied that the Park District has denied some, though not all, of their applications for permits to hold rallies advocating the legalization of marijuana, filed a 42 U. S. C. §1983 suit, alleging, inter alia, that the ordinance is unconstitutional on its face. The District Court granted the Park District summary judgment, and the Seventh Circuit affirmed.
Held:
1. A content-neutral permit scheme regulating uses (including speech uses) of a public forum need not contain the procedural safeguards described in Freedman v. Maryland,
2. A content-neutral time, place, and manner regulation can be applied in such a manner as to stifle free expression. It thus must contain adequate standards to guide an officials decision and render that decision subject to effective judicial review. See Niemotko v. Maryland,
3. Because the Park Districts ordinance is not subject to Freedmans procedural requirements, this Court does not reach the question whether the requirement of prompt judicial review means a prompt judicial determination or the prompt commencement of judicial proceedings. Pp. 910.
227 F. 3d 921, affirmed.
Scalia, J., delivered the opinion for a unanimous Court.
CAREN CRONK THOMAS and WINDY CITY
HEMP DEVELOPMENT BOARD,
PETITIONERS v. CHICAGO
PARK DISTRICT
on writ of certiorari to the united states court of
appeals for the seventh circuit
[January 15, 2002]
Justice Scalia delivered the opinion of the Court.
This case presents the question whether a municipal park ordinance requiring individuals to obtain a permit before conducting large-scale events must, consistent with the First Amendment, contain the procedural safeguards described in Freedman v. Maryland, I
Respondent, the Chicago Park District (Park District), is responsible for operating public parks and other public property in Chicago. See Ill. Comp. Stat., ch. 70, §1505/7.01 (2001). Pursuant to its authority to "establish by ordinance all needful rules and regulations for the government and protection of parks ... and other property under its jurisdiction," §1505/7.02, the Park District adopted an ordinance that requires a person to obtain
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