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Police Department of the City of Chicago v. Mosley

Citation. 408 U.S. 92, 92 S. Ct. 2286, 33 L. Ed. 2d 212, 1972 U.S.

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Citation408 U.S. 92, 92 S. Ct. 2286, 33 L. Ed. 2d 212, 1972 U.S.

408 U.S. 92, 92 S. Ct. 2286, 33 L. Ed. 2d 212, 1972 U.S.

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.

Points of Law - Legal Principles in this Case for Law Students.

The central problem with Chicago's ordinance, according to the court, is that it describes permissible picketing in terms of its subject matter.

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point of law

Facts. Mosley (Respondent) is a postal worker who picketed a high school in Chicago for seven months. During school hours he picketed by himself with a sign accusing the school of discrimination and using racial quotas. The protest was always peaceful, orderly, and quiet. Then the City of Chicago passed an ordinance prohibiting picketing next to a school.

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.

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