FRISBY v. SCHULTZ

Legal Principle at Issue

Whether a Brookfield, Wisconsin, municipal ordinance that completely bans targeted picketing "before or about the residence or dwelling of any individual" violates the First Amendment's guarantee of free speech.

Action

Reversed. Petitioning party received a favorable disposition.

Facts/Syllabus

Brookfield, Wisconsin, enacted an ordinance making it "unlawful for any person to engage in picketing before or about the residence or dwelling of any individual," and declaring that the primary purpose of the ban is to "protec[t] and preserv[e] the home" through assurance "that members of the community enjoy in their homes . . . a feeling of wellbeing, tranquility, and privacy." 

Appellees, who wish to picket a particular home in Brookfield, filed suit under 42 U.S.C. § 1983 against appellants, the town and several of its officials, alleging that the ordinance violated the First Amendment. The U.S. District Court for the Eastern District of Wisconsin granted appellees' motion for a preliminary injunction, concluding that the ordinance was not narrowly tailored enough to restrict protected speech in a public forum. The U.S. Court of Appeals for the Seventh Circuit ultimately affirmed.