clark community creative argued march decided june national park service issued permit respondent community creative ccnv conduct demonstration lafayette park mall national parks heart washington purpose demonstration call attention plight homeless permit authorized erection two symbolic tent cities however park service relying regulations particularly one permits camping defined including sleeping activities designated campgrounds campgrounds ever designated lafayette park mall denied ccnv request demonstrators permitted sleep symbolic tents ccnv individual respondents filed action federal district alleging inter alia application regulations prevent sleeping tents violated first amendment district granted summary judgment park service appeals reversed held challenged application park service regulations violate first amendment pp assuming overnight sleeping connection demonstration expressive conduct protected extent first amendment regulation forbidding sleeping meets requirements reasonable time place manner restriction expression whether oral written symbolized conduct regulation neutral regard message presented leaves open ample alternative methods communicating intended message concerning plight homeless moreover regulation narrowly focuses government substantial interest maintaining parks heart capital attractive intact condition readily available millions people wish see enjoy presence permit camping totally inimical purposes validity regulation need judged solely reference demonstration hand none provisions unrelated ends designed serve pp similarly challenged regulation also sustainable meeting standards valid regulation expressive conduct aside impact speech rule camping overnight sleeping public parks beyond constitutional power government enforce noted substantial government interest unrelated suppression expression conserving park property served proscription sleeping pp white delivered opinion burger blackmun powell rehnquist stevens joined burger filed concurring opinion post marshall filed dissenting opinion brennan joined post deputy solicitor general bator argued cause petitioners briefs solicitor general lee assistant attorney general mcgrath alan horowitz leonard schaitman katherine gruenheck burt neuborne argued cause respondents brief charles sims laura macklin arthur spitzer elizabeth symonds ogden northrop lewis filed brief national coalition homeless amicus curiae urging affirmance justice white delivered opinion issue case whether national park service regulation prohibiting camping certain parks violates first amendment applied prohibit demonstrators sleeping lafayette park mall connection demonstration intended call attention plight homeless hold reverse contrary judgment appeals interior department national park service charged responsibility management maintenance national parks authorized promulgate rules regulations use parks accordance purposes established network national parks includes national parks lafayette park mall set heart washington unique resources federal government holds trust american people lafayette park roughly square located across pennsylvania avenue white house although originally part white house grounds president jefferson set aside park use residents visitors garden park formal landscaping flowers trees fountains walks benches national park service department interior white house president park resource management plan mall stretch land running westward capitol lincoln memorial two miles away includes washington monument series reflecting pools trees lawns greenery bordered inter alia smithsonian institution national gallery art park mall included major pierre original plan capital visited vast numbers visitors around country well large numbers residents washington metropolitan area regulations involved case camping national parks permitted campgrounds designated purpose cfr campgrounds ever designated lafayette park mall camping defined use park land living accommodation purposes sleeping activities making preparations sleep including laying bedding purpose sleeping storing personal belongings making fire using tents structure sleeping digging earth breaking carrying cooking activities ibid constitute camping reasonably appears light circumstances participants conducting activities fact using area living accommodation regardless intent participants nature activities may also engaging ibid park service issued renewable permit respondent community creative ccnv conduct wintertime demonstration lafayette park mall purpose demonstrating plight homeless permit authorized erection two symbolic tent cities tents lafayette park accommodate people tents mall capacity park service however relying regulations specifically denied ccnv request demonstrators permitted sleep symbolic tents ccnv several individuals filed action prevent application regulations proposed demonstration claimed covered regulation also submitted regulations unconstitutionally vague discriminatorily applied applied prevent sleeping tents without violating first amendment district granted summary judgment favor park service appeals sitting en banc reversed community creative watt app judges produced opinions six judges believed application regulations prevent sleeping tents infringe demonstrators first amendment right free expression five judges disagreed sustained regulations applied ccnv proposed demonstration granted government petition certiorari reverse ii need differ view appeals overnight sleeping connection demonstration expressive conduct protected extent first amendment assume present purposes decide case cf assumption begins inquiry expression whether oral written symbolized conduct subject reasonable time place manner restrictions often noted restrictions kind valid provided justified without reference content regulated speech narrowly tailored serve significant governmental interest leave open ample alternative channels communication information city council los angeles taxpayers vincent grace perry education assn perry local educators heffron international society krishna consciousness virginia pharmacy board virginia citizens consumer council consolidated edison public service also true message may delivered conduct intended communicative context reasonably understood viewer communicative spence washington tinker des moines school district symbolic expression kind may forbidden regulated conduct may constitutionally regulated regulation narrowly drawn substantial governmental interest interest unrelated suppression free speech supra petitioners submit appeals regulation forbidding sleeping defensible either time place manner restriction regulation symbolic conduct agree assessment permit issued authorized demonstration required compliance cfr prohibits camping park lands use park lands living accommodations sleeping storing personal belongings making fires digging cooking provisions including ban sleeping clearly limitations manner demonstration carried sleeping like symbolic tents may expressive part message delivered demonstration make ban less limitation manner demonstrating reasonable time place manner regulations normally purpose direct effect limiting expression nevertheless valid city council los angeles taxpayers vincent supra heffron international society krishna consciousness supra kovacs cooper neither fact sleeping arguendo may expressive conduct rather oral written expression render sleeping prohibition less time place manner regulation contrary park service neither attempts ban sleeping generally ban everywhere parks established areas camping forbids elsewhere including lafayette park mall considered little trouble concluding park service may prohibit overnight sleeping parks involved requirement regulation clearly satisfied courts accepted view disputed prohibition camping sleeping specifically applied disagreement message presented neither regulation faulted ground without overnight sleeping plight homeless communicated ways regulation otherwise left demonstration intact symbolic city signs presence willing take turns vigil respondents suggest barrier delivering media public means intended message concerning plight homeless also apparent us regulation narrowly focuses government substantial interest maintaining parks heart capital attractive intact condition readily available millions people wish see enjoy presence permit camping using areas living accommodations totally inimical purposes readily understood frequented national parks across country observed unfortunate consequences activities refuse confine camping designated areas urged respondents appeals view symbolic city tents permitted demonstrators intend cook dig engage aspects camping sleeping incremental benefit parks justify ban sleeping expressive activity said enhance message concerning plight poor homeless agree first place seriously doubt first amendment requires park service permit demonstration lafayette park mall involving vigil erection tents accommodate people furthermore although assumed present purposes sleeping banned case expressive element evident major value demonstration facilitative without permit sleep difficult get poor homeless participate present much apparent permit application filed respondents without incentive sleeping space hot meal homeless come site app sleeping ban enforced thus effectively limit nature extent duration demonstration extent ease pressure parks beyond however evident cases validity regulation need judged solely reference demonstration hand heffron international society krishna consciousness absent prohibition sleeping groups demand permission deliver asserted message camping lafayette park surely credible claim regard ccnv denial permits still others present difficult problems park service prohibition however evident case us least demonstrations lasting days end materialize others limited size duration purposes regulation thus materially served perhaps purposes effectively clumsily achieved preventing tents vigils entirely core areas park service decision permit nonsleeping demonstrations view impugn camping prohibition valuable perhaps imperfect protection parks government legitimate interest ensuring national parks adequately protected think parks exposed harm without sleeping prohibition ban safe invalidation first amendment reasonable regulation manner demonstration may carried city council los angeles taxpayers vincent regulation responds precisely substantive problems legitimately concern government difficulty therefore understanding prohibition camping ban sleeping overnight reasonable time place manner regulation withstands constitutional scrutiny surely regulation unconstitutional face none provisions appears unrelated ends designed serve less valid applied prevent camping parks wish demonstrate deliver message public central government damage parks well partial inaccessibility members public easily result camping demonstrators nondemonstrators neither case must government tolerate resort parks must abide otherwise valid rules use must observe traffic laws sanitation regulations laws preserve public peace reaffirmation reasonable time place manner restrictions expression constitutionally acceptable contrary conclusion appeals foregoing analysis demonstrates park service regulation sustainable standard validating regulation expressive conduct last analysis little different standard applied time place manner restrictions one contends aside impact speech rule camping overnight sleeping public parks beyond constitutional power government enforce reasons discussed substantial government interest conserving park property interest plainly served requires implementation measures proscription sleeping designed limit wear tear park properties interest unrelated suppression expression unmoved appeals view challenged regulation unnecessary hence invalid less alternatives satisfied government interest preserving park lands gainsaying preventing overnight sleeping avoid measure actual threatened damage lafayette park mall appeals suggestions park service minimize possible injury reducing size duration frequency demonstrations still curtail total allowable expression demonstrators engage whether sleeping otherwise suggestions represent disagreement park service much protection core parks require acceptable level preservation attained believe however either time place manner decisions assign judiciary authority replace park service manager nation parks endow judiciary competence judge much protection park lands wise level conservation attained accordingly judgment appeals reversed footnotes section amended prohibits use certain temporary structures connection permitted demonstrations special events temporary structures may erected purpose symbolizing message meeting logistical needs first aid facilities lost children areas provision shelter electrical sensitive equipment displays temporary structures may used outside designated camping areas living accommodation activities sleeping making preparations sleep including laying bedding purpose sleeping storing personal belongings making fire digging earth breaking carrying cooking activities activities constitute camping reasonably appears light circumstances participants conducting activities fact using area living accommodation regardless intent participants nature activities may also engaging per curiam opinion preceding individual opinions described lineup judges follows circuit judge mikva files opinion circuit judge wald concurs support judgment reversing chief judge robinson circuit judge wright file statement joining judgment concurring circuit judge mikva opinion caveat circuit judge edwards files opinion joining judgment concurring partially circuit judge mikva opinion circuit judge ginsburg files opinion joining judgment circuit judge wilkey files dissenting opinion circuit judges tamm mackinnon bork scalia concur circuit judge scalia files dissenting opinion circuit judges mackinnon bork concur app threshold matter must address respondents contention proposed activities fall within definition camping found regulations none opinions accepted contention least nine judges expressly rejected opinion mikva opinion wilkey likewise find contention without merit seriously doubted sleeping tents purpose expressing plight homeless falls within regulation definition camping reject suggestion plurality however burden demonstrators limited advancement plausible contention conduct expressive although common place burden upon government justify impingements first amendment interests obligation person desiring engage assertedly expressive conduct demonstrate first amendment even applies hold otherwise create rule conduct presumptively expressive absence showing rule necessary protect vital first amendment interests decline deviate general rule one seeking relief bears burden demonstrating entitled respondents request remand appeals resolution claim district improperly granted summary judgment equal protection claim brief respondents contend disputed questions fact concerning uniformity enforcement regulation claiming groups slept parks district specifically found regulations consistently applied enforced fair nondiscriminatory manner app pet cert judges appeals addressed equal protection claim app opinion wilkey joined tamm mackinnon bork scalia review record leads us agree conclusion genuine issue material fact respondents shown isolated instances undiscovered violations regulations government seeks regulate conduct ordinarily nonexpressive may regardless situs application regulation thus even people choose violate park service regulations expressive purposes park service may enforce regulations relating grazing animals cfr flying model planes gambling hunting fishing setting fireworks urination reasonable time place manner restrictions valid even though directly limit oral written expression odd insist higher standard limitations aimed regulable conduct incidental impact speech thus time place manner restriction expressive sleeping involved case sufficiently narrowly serves substantial enough governmental interest escape first amendment condemnation untenable invalidate ground governmental interest insufficient warrant intrusion first amendment concerns inadequate nexus regulation interest sought served note recently case dealing regulation signs framed issue based crucial part analysis time place manner cases city council los angeles taxpayers vincent also agree judge edwards observation insist upon judicial resolution case given facts record hand arguably suggests lack common sense app clearer us achieved rather exhausting expenditure judicial resources chief justice burger concurring concur fully opinion find difficult conceive camping means include pitching tent building fire whether sleeping cooking follows irrelevant frailties english language used country several centuries used park service regulations hardly plainer informing public camping lafayette park prohibited actions claimed speech entitled protections first amendment simply speech rather constitute conduct justice black never tolerant limits speech emphatically pointed separate opinion cox louisiana first fourteenth amendments think take away government state federal power restrict freedom speech press assembly people right purposes picketing though may utilized communicate ideas speech therefore protected first amendment emphasis original citations omitted trivializes first amendment seek use shield manner asserted tells us something many people must wait day time courts frivolous proceedings delay causes litigants legitimate nonfrivolous claims case alone engaged time district judge en banc appeals judges justices justice marshall justice brennan joins dissenting disposition case marked two related failings first majority either unwilling unable take seriously first amendment claims advanced respondents contrary impression given majority respondents supplicants seeking wheedle undeserved favor government citizens raising issues profound public importance properly turned courts vindication constitutional rights second majority misapplies test ascertaining whether restraint speech qualifies reasonable time place manner regulation determining constitutes sustainable regulation majority fails subject alleged interests government degree scrutiny required ensure expressive activity protected first amendment remains free unnecessary limitations proper starting point analysis case recognition activity respondents seek engage sleeping highly public place outside winter purpose protesting homelessness symbolic speech protected first amendment majority assumes without deciding respondents conduct entitled constitutional protection ante problem assumption thereby avoids examining closely reality respondents planned expression majority approach denatures respondents asserted right thus makes easy identification government interest sufficient warrant abridgment realistic appraisal competing interests stake case requires closer look nature expressive conduct issue context conduct displayed late autumn respondents sought permission conduct demonstration lafayette park mall part demonstration include homeless persons sleeping outside tents without amenities respondents sought begin demonstration date full ominous meaning homeless person first day winter respondents similarly purposeful choosing demonstration sites portrays sites mall lafayette park peculiar fashion according lafayette park mall unique resources federal government holds trust american people lafayette park roughly square located across pennsylvania avenue white house although originally part white house grounds president jefferson set aside park use residents visitors garden park formal landscaping flowers trees fountains walks benches mall stretch land running westward capital lincoln memorial two miles away includes washington monument series reflecting pools trees lawns greenery bordered inter alia smithsonian institution national gallery art park mall included major pierre original plan capital visited vast numbers visitors around country well large numbers residents washington metropolitan area ante primary purpose making sleep integral part demonstration central reality homelessness brief respondents impress upon public consciousness dramatic way possible homelessness widespread problem often ignored confronts victims deprivations one homeless men seeking demonstrate explained sleeping lafayette park mall show people conditions poor homeless poor city actually sleep outside winter get point across long line cases afforded first amendment protection expressive conduct qualifies symbolic speech see tinker des moines school black armband worn students public school protest policy vietnam war brown louisiana negro students whites library protest segregation stromberg california flying red flag gesture support communism light surrounding context respondents proposed activity meets qualifications previously acknowledged importance context determining whether act properly denominated speech first amendment purposes provided guidance concerning way courts read context making determination leading case spence washington held displaying flag peace symbol attached conduct protected first amendment looked first intent speaker whether intent convey particularized message second perception audience whether likelihood great message understood viewed respondents clearly intended protest reality homelessness sleeping outdoors winter near vicinity magisterial residence president addition accentuating political character protest choice location mode communication respondents also intended underline meaning protest giving demonstration satirical names respondents planned name demonstration mall congressional village demonstration lafayette park reaganville ii app doubt surrounding circumstances likelihood great political significance sleeping parks understood viewed certainly news media understood significance respondents proposed activity newspapers magazines around nation reported previous planned display ordinary citizens likely understand political message intended respondents likelihood stems remarkably apt fit activity respondents seek engage social problem seek highlight using sleep integral part mode protest respondents express bodies poignancy plight physically demonstrate neglect suffer articulateness even dickens match community creative watt app edwards concurring true go sleep part daily regimen part sleep represents physical necessity vehicle expression characteristics need prevent activity normally devoid expressive purpose used novel mode communication sitting standing library activity necessary facilitate ends usually nothing making statement moreover sitting standing conduct observer normally construe expressive conduct however negroes stand sit whites library louisiana powerfully expressive particular context acts became monuments protest segregation brown louisiana supra government contends forseeable difficulty administration counsels recognizing sleep mode expression protected first amendment predicament government envisions termed imposter problem problem distinguishing bona fide protesters imposters whose requests permission sleep lafayette park mall first amendment grounds mask ulterior designs simple desire example avoid expense hotel lodgings government maintains distinctions made without inquiring sincerity demonstrators inquiry pose dangers first amendment values necessarily find argument unpersuasive first variety circumstances already require government agencies engage delicate task inquiring sincerity claimants asserting first amendment rights see wisconsin yoder exception members religious group compulsory education statute justified group adherence deep religious conviction rather subjective secular values welsh eligibility exemption military service conscientious objector status justified sincere religious beliefs thus incorrect imply scrutiny asserted purpose persons seeking permit display sleeping form symbolic speech import something altogether new disturbing first amendment jurisprudence second administrative difficulty government envisions nothing vague apprehension permitting sleep used form protected first amendment activity actually created administrative problems government envisions emerge clear factual basis upon establish necessity limitation government advocates government final argument granting respondents proposed activity degree first amendment protection contextual analysis upon respondents rely fatally flawed overinclusiveness government contends spence approach overinclusive accords first amendment status wide variety acts although expressive obviously subject prohibition government notes ctions assassination political figures bombing government buildings fairly characterized intended convey message readily perceived public brief petitioners government argument pose difficult problem determination whether act constitutes speech end first amendment analysis determination end act defined speech must still balanced countervailing government interests balancing first amendment requires doom argument seeking protect antisocial acts assassination destruction government property government interference compelling interests outweigh expressive value conduct ii although sleep context case symbolic speech protected first amendment nonetheless subject reasonable time place manner restrictions agree standard enunciated majority estrictions kind valid provided justified without reference content regulated speech narrowly tailored serve significant governmental interest leave open ample alternative channels communication information ante citations omitted conclude however regulations issue case applied respondents fail satisfy standard according majority significant government interest advanced denying respondents request engage interest maintaining parks heart capital attractive intact condition readily available millions people wish see enjoy presence ante interest indeed significant however neither government majority adequately explains prohibiting respondents planned activity substantially interest majority attempted explanation begins curious statement seriously doubts first amendment requires park service permit demonstration lafayette park mall involving vigil erection tents accommodate people ante perceive serious doubts regarding matter provides explanation uncertainty furthermore even majority doubts well founded see doubts relate problem hand issue posed case whether government constitutionally compelled permit erection tents staging continuous vigil rather issue whether substantial government interest served banning sleep part political demonstration may suggesting tents vigil permitted constitutionally required permitted respondents constitutional right engage expressive conduct supplements activities put arithmetical terms appears contend permitted grace rather constitutional compulsion denied without regard requirements government must normally satisfy order restrain protected activity notion however represents misguided conception first amendment first amendment requires government justify every instance abridgment requirement stems recognition first amendment designed secure widest possible dissemination information diverse antagonistic sources associated press assure unfettered interchange ideas bringing political social changes desired people roth see also buckley valeo new york times sullivan whitney california brandeis concurring moreover stringency requirement diminished simply activity government seeks restrain supplemental activity government may permitted grace constitutionally compelled allow government adequately justify abridgment protected expression reason citizens prevented exercising first rights safeguarded bill rights majority second argument comprised suggestion although sleeping contains element expression major value respondents demonstration facilitative ante observation provide hint weight attached respondents first amendment claims utterly irrelevant whether government ban sleeping advances substantial government interest majority third argument based upon two claims first ban sleeping relieves government administrative burden without flat ban process issuing denying permits demonstrators asserting first amendment rights sleep parks present difficult problems park service ante second ban sleeping increase probability demonstrations days end materialize others limited size duration purpose regulation thus materially served ante purpose limit wear tear park properties ante flaw two contentions neither supported factual showing evinces real opposed merely speculative problem majority fails offer evidence indicating absence absolute ban sleeping present administrative problems park service substantially difficult ordinarily confronts mere apprehension difficulties enough overcome right free expression see grace tinker des moines school moreover government interest avoiding administrative difficulties truly substantial one expect agency involved administering parks least allude interest however perceived difficulty administering requests demonstrators seeking convey messages sleeping among reasons underlying park service regulations mentioned park service rejection respondents particular request erroneous application standard ascertaining reasonable time place manner restriction also revealed majority conclusion substantial governmental interest served sleeping ban discourage demonstrations days thus regulation purpose limit wear tear part properties ante majority cites evidence indicating sleeping engaged symbolic speech cause substantial wear tear park property furthermore government application sleeping ban circumstances case strikingly underinclusive majority acknowledges proper time place manner restriction must narrowly tailored however tailoring requirement virtually forsaken inasmuch government offers justification applying absolute ban sleeping yet willing allow respondents engage activities feigned sleeping less burdensome short substantial government interests advanced government regulations applied respondents decision advances prerogatives bureaucracy years shown implacable hostility toward citizens exercise first amendment rights iii disposition case impels make two additional observations first case others involving time place manner restrictions dramatically lowered scrutiny governmental regulations determined regulations result creation approach first amendment cases regulations turn content expression subjected strict form judicial review regulations aimed matters expression receive minimal level scrutiny minimal scrutiny prong approach led unfortunate diminution first amendment protection narrowly limiting concern whether given regulation creates distinction seemingly overlooked fact restrictions also capable unnecessarily restricting protected expressive activity sure general prohibition regulations essential tool first amendment analysis helps put operation principle government may grant use forum people whose views finds acceptable deny use wishing express less favored controversial views police department chicago mosley however transformed ban content distinctions floor offers persons least equal liberty first amendment ceiling restricts persons protection first amendment equality nothing consistent imposition silence upon may fulfill dictates evenhanded offends profound national commitment principle debate public issues uninhibited robust new york times sullivan second disposition case reveals mistaken assumption regarding motives behavior government officials create administer regulations salutary skepticism governmental decisionmaking first amendment matters suddenly dissipates determines restriction evidently assumes balance struck officials deserving deference long appear tainted content discrimination fails recognize public officials strong incentives overregulate even absence intent censor particular views incentive stems fact two groups whose interests officials must accommodate one hand interests general public interests seek use particular forum first amendment activity political power former likely far greater latter political dynamics likely lead officials disproportionate sensitivity regulatory opposed first amendment interests discerned background case although park service appears applied revised regulations consistently facts record case raise substantial possibility impetus behind revision may derived less concerns administrative difficulties wear tear park facilities political concerns alleged need restrictive regulations stemmed decision favoring first amendment claimants parties case see supra moreover response park service announcement considering changing rules respondents expressive activities least one powerful group urged service tighten regulations point observations impugn integrity national park service rather intention illustrate concretely government agencies nature driven overregulate public forums detriment first amendment rights facial shield unnecessary restrictions unpopular ideas modes expression case particular evidence readily available impelled subject government restrictive policy something minimal scrutiny foregoing reasons respectfully dissent previous winter respondents held similar demonstration courts ruled park service regulations effect extend respondents proposed activities community creative watt app ccnv activities consisted setting sleeping nine tents lafayette park regulations issue case promulgated direct response ccnv fed reg oral argument government informed given day average three demonstrations going park area tr oral arg respondents accurately describe lafayette park american analogue speaker corner hyde park brief respondents another purpose making sleep part demonstration enable participants weather rigors vigil encourage homeless persons participate demonstration respondents stated application demonstration permit ever question whether sleeping necessary element demonstration answered light previous year demonstration matter hard tried get homeless persons come reaganville name given demonstration respondents simply come sleeping permitted app estimates number homeless persons range two three million see brief national coalition homeless amicus curiae though numerically significant homeless politically powerless inasmuch lack financial resources necessary obtain access many effective means persuasion moreover homeless persons likely denied access vote since lack mailing address proof residence within state disqualifies otherwise eligible citizen registering vote detrimental effects homelessness manifold include psychic trauma circulatory difficulties infections refuse heal lice infestations hypothermia extreme exposure elements lead death christmas weekend new york city homeless persons perished cold see times see articles appended declaration mary ellen hombs record vol also agree majority substantial difference distinguishes test applicable time place manner restrictions test articulated see ante facilitative purpose takes away nothing independent status symbolic speech moreover facilitative conduct closely related expressive activity protected first amendment considerations therefore find agreement judge ginsburg noted personal aspect sleeping symbolic tents demonstration site bears close functional relationship activity commonly comprehended free speech community creative watt app leeping tents rather simply standing sitting allows demonstrator sustain protest without stopping short permission ibid judge ginsburg linkage suffices require genuine effort balance demonstrators interests concerns government bears responsibility ibid see fed reg app oral argument government suggested ban sleeping invalidated applied respondents simply government willing allow respondents engage nonverbal acts expression may also trench upon government interests served ban tr oral arg government maintains result makes government victim generosity however government characterization unstinting provider opportunities protected expression thoroughly discredited long line decisions compelling national park service allow expressive conduct claims permit matter grace see women strike peace morton app quaker action group morton app abney app see city council los angeles taxpayers vincent heffron international society krishna consciousness see grace tinker des moines school brown louisiana see landmark communications virginia noted however context regulations facially nonetheless subjected strict scrutiny situation arises regulation vests standardless discretion officials empowered dispense permits use public forums see lovell city griffin hague cio shuttlesworth city birmingham see redish content distinction first amendment analysis stan rev furthermore regulation necessarily fall random equal force upon different groups different points view regulation restricts inexpensive mode communication fall heavily upon relatively poor speakers points view speakers typically espouse see city council los angeles taxpayers vincent supra sort latent inequality much evidence case respondents lack financial means necessary buy access conventional modes persuasion disquieting feature disposition case lends credence charge judicial administration first amendment conjunction social order marked large disparities wealth sources power tends systematically discriminate efforts relatively disadvantaged convey political ideas past taken considerations account adjudicating first amendment rights among us financially deprived see martin struthers striking ban distribution circulars part mode distribution essential poorly financed causes little people marsh alabama state impose criminal sanction person distributing literature sidewalk town owned private corporation solicitude noticeably absent majority opinion continuing trend escaped attention commentators see dorsen gora free speech property burger old values new balances rev van alstyne recrudescence property rights foremost principle civil liberties first decade burger law contemp prob summer critique limits equality principle first amendment analysis see redish supra see goldberger judicial scrutiny public forum cases misplaced trust judgment public officials buffalo rev see declaration mary ellen hombs exhibit record vol