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54 Geo. Wash. L. Rev. 757 (1985-1986)
Lonely Pamphleteers, Little People, and the Supreme Court: The Doctrine of Time, Place, and Manner Regulations of Expression

handle is hein.journals/gwlr54 and id is 767 raw text is: Lonely Pamphleteers, Little People, and
the Supreme Court: The Doctrine of
Time, Place, and Manner Regulations
of Expression
William E. Lee*
The reconciliation of free expression with public safety and
other social interests is a problem as persistent as it is perplex-
ing.' A major First Amendment doctrine accommodating such
competing interests is the reasonable regulation of the time, place,
and manner of expression.2 Although the lonely pamphleteer,3
Copyright © 1987 by William E. Lee.
* Associate Professor, Henry W. Grady School of Journalism and Mass Commu-
nication, University of Georgia. B.A. 1972, California State University; M.A. 1974,
Michigan State University; Ph.D. 1977, University of Wisconsin. The author grate-
fully acknowledges the assistance of Professor C. Thomas Dienes, George Washington
University National Law Center, who commented on an earlier version of this
1. Niemotko v. Maryland, 340 U.S. 268, 275 (1950) (Frankfurter, J., concurring in
the result). Similarly, the late Harry Kalven observed that public expression re-
quired in effect a set of Robert's Rules of Order ... albeit the designing of such rules
poses a problem of formidable practical difficulty. Kalven, The Concept of the Public
Forum: Cox v. Louisiana, 1965 SuP. CT. REV. 1, 12.
2. Of the terms time, place, and manner, the latter is the most ambiguous. Time
refers to a specific point or period during which events occur. Place refers to a defi-
nite site or location. Manner has several definitions. First, it may refer to the me-
dium or method of communication, such as picketing. Second, it may refer to a
communicator's behavior while using a medium, such as blocking the entrance to a
building while picketing. See Cameron v. Johnson, 390 U.S. 611, 616-17 (1968) (up-
holding a statute prohibiting picketing that obstructs entrances of county court-
houses). Third, it may refer to the physical attributes of the medium, such as the size
of signs. Fourth, manner may refer to the use of particular words or symbols to ex-
press an idea. See Spence v. Washington, 418 U.S. 405 (1974) (per curiam) (overturn-
August 1986 Vol. 54 No. 5

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