[free-sklyarov] Permit?

[Michael D. Crawford]

I agree you shouldn't need a permit to peaceably assembly, but the actual
position of the supreme court is that while governments cannot restrict you from
exercising a constitutional right, they can regulate the manner in which you do
it.

An example of that is that the court has upheld the right of cities to use
zoning laws to restrict pornography vendors from doing business in certain
neighborhoods, near schools, for example.

The restrictions have to be applied equally.  For example, laws that ban tobacco
advertisements near schools were recently struck down.  The court commented that
they would have upheld laws based on zoning that restricted advertising equally
for all sorts of products, but they couldn't permit one that focussed on
tobacco.

Restrictions on rights receive certain levels of scrutiny by the court.  While
free speech is guaranteed, some speech is freer than others.  Commercial speech
doesn't receive strict scrutiny, while political speech does.

Mike
-- 
Michael D. Crawford
GoingWare Inc. - Expert Software Development and Consulting
http://www.goingware.com
crawford at goingware.com

  Tilting at Windmills for a Better Tomorrow.