Brief Fact Summary. A city had an ordinance prohibiting picketing next to a school.
Synopsis of Rule of Law. Once a forum becomes public the government cannot prohibit speech there based on its content.
The central problem with Chicago's ordinance, according to the court, is that it describes permissible picketing in terms of its subject matter.View Full Point of Law
Issue. Is selective exclusion of picketing from a public place constitutional?
Held. No. The ordinance is a content-based prohibition and not a proper time, place, and manner restriction.
Discussion. The ordinance is defective because it discriminates based on the nature of the picket. It operates as a censor of what is publicly acceptable expression and what is not.