Gresham V Peterson Case Summary

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A. The Aston City Ordinance Leaves Open Ample Alternative Channels Of Communication Because It Only Applies In The Square Area And Only Applies To Verbal Solicitation. A speech regulation that is content-neutral must leave open ample alternative channels of communication. An adequate alternative channel of communication does not have to be the speaker’s first or best choice. In addition, the alternative channel need not necessarily provide the same audience or impact for the speech. Additionally, an adequate alternative cannot totally restrict a speaker’s ability to reach one audience even if it permits the speaker to reach others. RULE EXPLANATION: In Gresham v. Peterson, the City of Indianapolis amended an ordinance regarding solicitation …show more content…

However, Gresham is different because it prohibits far more forms of solicitation than in this case. Unlike Gresham, our ordinance allows for solicitations for immediate donations of money upon any street, public place, or park, as long as the solicitation is not made vocally. Furthermore, Astons panhandling ordinance does not prohibit any nighttime panhandling anywhere within the city, rather it only prohibits nighttime verbal panhandling in the Square. Although the statute in Gresham prohibited far more forms of solicitation than our ordinance, the court still held that the statute allowed for “many feasible alternatives.” Given this, the Aston anti-panhandling ordinance leaves open ample alternative methods of communication because panhandlers may panhandle in any area of the city outside of the Square, solicitors may make any solicitation requests within the city, both during the daytime and the nighttime, as long as the solicitation is non-verbal, panhandlers can hold up signs requesting money, as well as engage in street performances such as playing music or dancing. Thus, like the ordinance in Gresham, that restricted far more forms of solicitation in our case, the Aston’s anti-panhandling statute leaves open ample alternative channels of

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