The case is about a city ordinance that prohibits soliciting from occupants of motor vehicles in public places. The defendant argued that the ordinance violates the First Amendment right to free speech. The court looked at whether the ordinance is content-neutral, narrowly tailored, and leaves open alternative channels of communication. The facts most relevant to the court's analysis are the purpose of the ordinance and whether it includes passive panhandling.
People v. Barton (2006)
New York Court of Appeals
8 N.Y.3d 70, 828 N.Y.S.2d 260, 861 N.E.2d 75
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