A city enacts a policy requiring all public demonstrations to take place in specified zones within designated public parks. The policy applies uniformly to all groups and individuals, irrespective of the demonstrators' messages or purposes. A non-profit organization challenges the policy, claiming it violates their First Amendment rights. What is the strongest justification the city can offer to defend the policy?
The ordinance designates specific areas for demonstrations to ensure accessibility and orderly use of public spaces.
The ordinance is constitutional because it is intended to promote public safety by reducing the risks posed by crowding and street obstruction.
The ordinance is constitutional because it applies equally to all demonstrators, treating everyone the same under the law.
The regulation avoids restricting speech based on content, is designed to serve an important public purpose, and provides alternate ways for speech to occur.
The correct answer reflects the three-pronged standard used to analyze content-neutral regulations under the First Amendment: the policy must not depend on the content of the speech, it must advance a significant governmental interest, and it must leave alternative channels for communication open. While other options present plausible arguments, they fail to address the full legal standard. For example, one focuses on equal treatment of speakers but does not account for the need to serve a public purpose, and another emphasizes accessibility without establishing its connection to constitutional requirements.
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Multistate Bar Examination
Constitutional Law
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