As Captain Evans predicted in his legislative testimony, fixed buffer zones would “make our job so much easier.”Of course they would. But that is not enough to satisfy the First Amendment. To meet the requirement of narrow tailoring, the government must demonstrate that alternative measures that burden substantially less speech would fail to achieve the government’s interests, not simply that the chosen route is easier. A painted line on the sidewalk is easy to enforce, but the prime objective of the First Amendment is not efficiency.
June 26, 2014 at 10:31 AM EDT