Ward v. Rock Against Racism
- Decided
- August 30, 1989
- Docket
- 88-226
- Status
- Published
- Jurisdiction
- Federal
Cited 3,406 timesNo negative treatment found in this library
What later courts said
- holding that a city's substantial interest in limiting sound volume was satisfactorily "evidenced by the complaints about excessive volume generated by respondent's past concerts” — National Amusements, Inc. v. Town of Dedham (1995)
- holding that a regulation was not a prior restraint because it did not authorize suppression of speech in advance of its expression — United States v. Frandsen (2000)
- holding that a regulation of protected speech may be narrowly tailored even if it is not the least restrictive or least intrusive means — Ognibene v. Parkes (2011)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*784] Justice Kennedy delivered the opinion of the Court.
In the southeast portion of New York City’s Central Park, about 10 blocks upward from the park’s beginning point at 59th Street, there is an amphitheater and stage structure known as the Naumberg Acoustic Bandshell. The bandshell faces west across the remaining width of the park. In close proximity to the bandshell, and lying within the directional path of its sound, is a grassy open area called the Sheep Meadow. The city has designated- the Sheep Meadow as a quiet area for passive recreations like reclining, walking, and reading. Just beyond the park, and also within the potential sound range of the bandshell, are the apartments and residences of Central Park West.
This case arises from the city’s attempt to regulate the volume of amplified music at the bandshell so the performances are satisfactory to the audience without intruding upon those who use the Sheep Meadow or live on Central Park West and in its vicinity.
Cite this
Ward v. Rock Against Racism, 491 U.S. 781 (1989)Read the full opinion
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