Designated free-speech zones are also becoming commonplace at certain public events, particularly those attended by high-ranking government officials, because of security concerns.
At the 2000 Democratic National Convention held at the Staples Center in Los Angeles, police set up a “secured zone,” which could be entered only by those with an actual convention ticket, and a “demonstration zone,” which was the only place protesters were allowed to demonstrate.
Several groups of protesters filed for a preliminary injunction in federal court, which it granted. The court held that the secured zone comprised sidewalks and streets, which constituted a traditional public forum. The court further held that the planned regulation was not narrowly tailored and did not provide adequate alternative means of communication,
because at all times it kept demonstrators too far away from their intended audience — convention attendees. The court significantly noted that “banning speech is an unacceptable means of planning for potential misconduct.”Free speech zones are areas set aside in public places for the purpose of political protesting. The First Amendment to the United States Constitution states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The existence of free speech zones is based on U.S. court decisions stipulating that the government may reasonably regulate the time, place, and manner – but not content – of expression.
The Supreme Court has developed a four-part analysis to evaluate the constitutionality of time, place and manner (TPM) restrictions. To pass muster under the First Amendment, TPM restrictions must be neutral with respect to content, be narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. Application of this four-part analysis varies with the circumstances of each case, and typically requires lower standards for the restriction of obscenity and fighting words.
The purpose of free speech zones is to protect the safety of those attending the political gathering, or for the safety of the protesters themselves. Critics, however, suggest that such zones are "Orwellian" and that authorities use them in a heavy-handed manner to censor protesters by putting them literally out of sight of the mass media, hence the public, as well as visiting dignitaries. Though authorities generally deny specifically targeting protesters, on a number of occasions, these denials have been contradicted by subsequent court testimony. The American Civil Liberties Union (ACLU) has filed, with various degrees of success and failure, a number of lawsuits on the issue.
