Passing out flyers in front of a public school
Q: Is it permissible to pass out flyers on the sidewalk in front of a public school? We are passing out flyers about our school in front of local public schools. Consistently, the principals tell us that this is not permissible. It is my understanding that we are allowed to do this as long as we do not obstruct the sidewalk. Am I correct?
A: You are correct in thinking that the school principals may not prohibit you from passing out flyers on public sidewalks. “[S]idewalks, streets, and parks generally are considered, without more, to be public forums.” ACLU v. City of Las Vegas, 333 F.3d 1092, 1099 (9th Cir. 2003) (internal quotation marks omitted). “Public fora have achieved a special status in our law; the government must bear an extraordinarily heavy burden to regulate speech in such locales.” Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir.1995). In order to impose restrictions on speech in a public forum, the
restrictions must be “justified without reference to the content of the regulated speech . . . narrowly tailored to serve a significant governmental interest, and . . . leave open ample alternative channels for communication of the information.” Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S. Ct. 2746, 105 L. Ed. 2d 661 (1989). While the prohibition by the school principals on your leafleting seems content-neutral, “such an absolute ban is clearly not narrowly tailored, nor does it leave open ample alternative channels for communication.” ACLU v. City of Las Vegas, 333 F.3d at 1106.