ABSTRACT
Time, place, and manner (TPM) restrictions are a balancing test created by the US Supreme Court to clarify the extent to which government can legitimately regulate speech, which is in general a fundamental liberty protected under the First Amendment to the US Constitution. The Court recognizes the authority of the state to impose reasonable restrictions on the TPM of constitutionally protected speech occurring in a public forum. In Cox v. New Hampshire, 312 US 569, the Court limited the licensing discretion of the state for the first time on the basis of a TPM restriction. The Court in Rock Against Racism created a four- prong test to determine whether the TPM restrictions were legitimate. In order for the government to restrict speech, it must prevail on all prongs. "Time" restrictions might permit a municipality to ban parades during rush hour.
