Case Brief: Berger v. City of Seattle

Case Brief: Berger v. City of Seattle

United States Court of Appeals,

Ninth Circuit, 2008.

512 F.3d 582.

Facts

The Director of Seattle established new rules that demanded that street performers acquire permits for their performances and ware badges when performing. The new rules were necessary for fostering public safety. A street performer, Michael Berger, felt that the rules were infringing his freedom and failed to abide by them. Due to consistent conflicts with the City of Seattle staff, Berger, the plaintiff, sued the City of Seattle, the defendant, for coming up with regulations that violate his freedom. The District Court held that the new rules indeed violated human rights as stipulated in the First Amendment. Unsatisfied with the ruling, the City of Seattle, appellant, appealed the case in the Court of Appeal for the Ninth Circuit, holding that the appellee violated the new rules and that the appellate should reconsider the ruling of the District Court.

Issue

Did the new regulations issued by the Director of Seattle demanding that street performers acquire permits and put on badges when performing meet the Constitutional requirements outlined under the First Amendment?

Holding

The Court of Appeal held that the regulations indeed met the prerequisites of freedom as emphasized under the new amendment. As such, the court voided the decision of the District Court and sent the case back for review (Berger v. City of Seattle, 2008)..

Reasoning

The appellate course resorted to the conclusion that the new regulations under question were “content-neutral.” The rules did not target a specific person, nor did they discriminate in any way. The court also held that restricting the place, time, and manner in which the performers do their performance does not in any way limit the First Amendment(Berger v. City of Seattle, 2008). It further implied that the regulations were critical in fostering government interest for the safety of both the performers and the general public. Public performance without regulation poses dangers to such interests.

Reference

Berger v. City of Seattle, 512 F.3d 582 (2008).