Monday, June 6, 2011

Arab Christian Group Largely Wins Lawsuit Over Anti-Leafleting Rule At Arab International Festival on Dearborn City Property

The recent decision is Saieg v. City of Dearborn. The key legal analysis from the majority opinion:

Even though the leafleting restriction is content neutral and might provide ample alternative means of communication, the policy is not a reasonable time, place, and manner restriction. Within the inner perimeter, the restriction does not serve a substantial governmental interest, as evidenced by the defendants’ willingness to permit sidewalk vendors and ordinary pedestrian traffic on the same sidewalks where they prohibited Saieg from leafleting. Within the outer perimeter area, the restriction is not narrowly tailored because the government’s interest in vehicular traffic control is attenuated from concern about pedestrian crowds that pedestrian leafleting might draw....

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