Date decided 1989 | Concurrence Blackmun | |
Full case name Benjamin R. Ward, et al. v. Rock Against Racism Majority Kennedy, joined by Rehnquist, White, O'Connor, Scalia Citations 491 U.S. 781 () 109 S. Ct. 2746; 105 L. Ed. 2d 661; 1989 U.S. LEXIS 3129; 57 U.S.L.W. 4879 Similar Hill v Colorado, United States v O'Brien, RAV v City of St Paul, McCullen v Coakley, Cohen v California | ||
Ward v. Rock Against Racism, 491 U.S. 781 (1989), was a United States Supreme Court case.
In an opinion by Justice Kennedy, the Court rejected a First Amendment challenge to a New York City regulation mandating the use of city provided sound systems and technicians to control the volume of concerts in New York City's Central Park. The Court found that the city had a substantial interest in limiting excessive noise and the regulation was "content neutral". The court found that "narrow tailoring" would be satisfied so long as the regulation promoted a substantial government interest that would be achieved less effectively absent the regulation.
Justices Marshall, Brennan and Stevens dissented.
In his dissent, Marshall agreed with the majority that the government has a substantial interest in controlling noise, but believes that it may not advance that interest by actually asserting control over the amplification equipment and thus over private expression itself. The government has an obligation to adopt the least intrusive restriction necessary to achieve its goals, such as enforcing the noise ordinance that has already been adopted.