Brief Fact Summary. The Petitioner, Boos (Petitioner), wants to display signs in front of the embassies in Washington, D.C. There is a local statute that prohibits such displays if they are negative.
Synopsis of Rule of Law. Content-based restriction on political speech in a public forum is subjected to strict scrutiny. To be constitutional, the regulation must be necessary to serve a compelling state interest that is narrowly drawn to achieve that end.
The State must show that the regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end.View Full Point of Law
Issue. Does this restriction violate the First Amendment constitutional right to free speech?
Held. Yes. The display statute regulates speech based on it potential impact. It prohibits political speech and is clearly content-based. Protecting foreign dignitaries from insults is not a compelling governmental interest in support of a content-based regulation.
Discussion. This regulation focuses on what a picket card would say. It discriminates between the types of speech because a picket sign regarding employment disputes would be allowed while political opinions that are negative are prohibited.