hnician provided by the city of New York. Rock Against Racism filed a motion against the enforcement of these guidelines. The New York sound guidelines validity was initially upheld in court, but the ruling was reversed by the United States Court of Appeals. The case was then brought before the United States Supreme Court (argued February 27, 1989, decided June 22, 1989). The Supreme Court ruled that "municipal noise regulation designed to ensure that music performances in band shell did not disturb surrounding residents, by requiring performers to use sound system and sound technicians provided by the city, did not violate free speech rights or performers" (Ward v. Rock Against Racism 1989:2746). This decision was based on the Courts contention that music is protected speech, and here lies the main relevance of the Ward case since it was the first time that the Supreme Court had ruled on the issue. The Court stated: "Music, as a form of expression and communication, is protected under the First Amendment" (Ward v. Rock Against Racism 1989:2753). However, the Supreme Court also decided that the New York guidelines on noise-control constituted a permissible regulation of time, place, and manner of expression because they passed the three-pronged OBrien test to determine the constitutionality of such restrictions (this test was first used in United States v. OBrien 1968). First, the guidelines were ruled content-neutral, that is, they did not take into account the specific contents of the message but only the level of noise of the musical expressions. Second, the guidelines were also narrowly tailored to serve substantial government interest because the quality of sound at Bandshell concerts, as well as the Citys interests in limiting sound volume for the convenience of residents living nearby, were guaranteed. Finally, the New York City guidelines also left open ample alternative channels of communication because the guidelines still per...
