Ward v. Rock Against Racism Case Brief Summary | Law Case Explained

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Ward v. Rock Against Racism | 491 U.S. 781 (1989)

In August 1976, Eric Clapton interrupted a concert to remark that he thought there were too many foreigners in Britain. Outraged, a group of music fans organized a grassroots movement called Rock Against Racism, which used music to promote racial unity. Their wildly popular music festivals showcased punk and reggae bands. They were also really loud, which is why Rock Against Racism ended up in front of the United States Supreme Court.

From 1979 through 1986, Rock Against Racism performed annual concerts at the Naumberg Bandshell in New York City’s Central Park. Every year, the city received noise complaints. Sound issues were a problem with other performers as well, so in 1986, the city introduced guidelines stating that all concerts in the Bandshell would use the city’s own high-quality sound systems. Sound technicians hired by the city would do the mixing.

Rock Against Racism applied for and received an injunction exempting it from these guidelines. That year’s concert generated as many noise complaints as ever.

Rock Against Racism sued, claiming that the city’s guidelines violated the First Amendment by interfering with its ability to control its sound mix. The District Court upheld the guidelines, but the Court of Appeals reversed. It acknowledged that the city had a substantial government interest in regulating noise levels, but held that because the city could’ve used less restrictive means to control noise levels, its measures weren’t narrowly tailored to further that interest. The United States Supreme Court granted certiorari.

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