MJ 650 Criminal Law and Procedure Discussion

The City of Las Vegas, Nevada, in a bid to revive its decaying downtown, turned several blocks of its main downtown street into a publicly-owned pedestrian mall. The city placed significant restrictions on soliciting, picketing, and demonstrations. In August 1997, the American Civil Liberties Union (ACLU) held a rally on the mall for purposes of protesting the restrictions on free speech activities in the mall. The police ordered the individuals involved to disperse. Sometime later, the ACLU and others filed a civil suit against the City for violations of freedom of expression. The City wanted the lawsuit dismissed and claimed that the City had created the mall to stimulate integration, not to promote freedom of expression

As a judge, how would you decide the issues? Discuss the following. (A 2-page response is required.)

a. Was the ordinance prohibiting those acts on the mall constitutional? Consider the sub-issue of whether the mall is a public or nonpublic forum. Write a judicial opinion to support your decision.

b. Assuming the ordinance is unconstitutional, explain what the City could do to protect its investment in the mall. Think in terms of how the government can legally limit speech and assembly.