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Constitutional Law Keyed to Choper
Ward v. Rock Against Racism
Citation:
491 U.S. 781 (1989)Facts
Rock Against Racism (RAR) held annual concerts at the Naumberg Acoustic Bandshell in New York City’s Central Park from 1979 to 1986. The city received numerous complaints about excessive noise from these concerts, with RAR sometimes being uncooperative when asked to reduce volume. After incidents where police had to cut power to the sound system, resulting in unruly audiences, the city developed Use Guidelines requiring all performers to use the city’s sound equipment and sound technician. The city’s justification was to control noise levels to protect nearby residents and park users in the Sheep Meadow (a designated quiet area), while ensuring adequate sound quality for concert attendees. RAR challenged this requirement, arguing it violated their First Amendment rights by preventing them from controlling their own sound mix and artistic expression. The city maintained that its technician would defer to performers’ wishes regarding sound mix while controlling overall volume.
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