Jonah Patel
While many people do not appreciate being approached by panhandlers, the fact remains that they have a right to be there and exercise their free speech rights in asking for money, work opportunities, food or other items. The question of whether panhandling is constitutionally protected is a complex one, with some lower courts deeming it to have some constitutional protection as speech. In a 1980 Supreme Court case, the Citizens for a Better Environment nonprofit organisation sued the village of Schaumburg for what it alleged was an unconstitutional ordinance against door-to-door solicitation by charities.
| Characteristics | Values |
|---|---|
| Constitutionally protected | Yes, as a form of free speech |
| Protected by the First Amendment | Yes, as personal solicitation |
| Protected by the Supreme Court | No, but has been deemed so by lower courts |
| Protected by Justice Thomas | Yes |
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What You'll Learn
Panhandling as a form of free speech
While many people do not appreciate being approached by panhandlers, they have a right to be there and exercise their free speech rights in asking for money, work opportunities, food or other items. Panhandling has been deemed to have some constitutional protection as "speech" by some lower courts. In a joint dissent with Justice Scalia, Justice Thomas approvingly noted that appellate courts have extended the First Amendment to begging and cites.
However, the Supreme Court has never explicitly adopted this position. In International Society for Krishna Consciousness v. Lee (1992), the Court upheld prohibitions on solicitation at a state fairground, on sidewalks outside of a post office, and within an airport terminal.
Sidewalks and public roadways are considered "public forums", which means that the government must have a very good reason for prohibiting constitutionally protected conduct, and that reason cannot discriminate against particular groups. So while a ban on panhandling at a highway on-ramp might be reasonable for safety’s sake, that’s not likely to be the case at a stoplight, or on a sidewalk.
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Panhandling as a form of solicitation
Panhandling is a form of solicitation that involves asking for money, work opportunities, food or other items. While many people may not appreciate being approached by panhandlers, they do have a right to be there and exercise their free speech rights. This has been deemed by some lower courts to be constitutionally protected as "speech".
The extent to which panhandling is protected by the First Amendment has been explored in several court cases. In the 1980 Supreme Court case, Citizens for a Better Environment v. Village of Schaumburg, the court found that an ordinance against door-to-door solicitation by charities that did not use at least 75% of their funds for "charitable purposes" was unconstitutional. In another case, International Society for Krishna Consciousness v. Lee (1992), the Court upheld prohibitions on solicitation at a state fairground, on sidewalks outside a post office, and within an airport terminal.
Despite the Supreme Court never explicitly adopting it, the idea that the First Amendment protects personal solicitation has gained traction with at least Justice Thomas. In a joint dissent with Justice Scalia in Nixon v. Shrink Missouri Government PAC, Justice Thomas approvingly noted that appellate courts have extended the First Amendment to begging and cites.
The constitutional protection of panhandling has also been challenged in cases involving public roadways and sidewalks. Traditionally, these areas are considered "public forums", which means that the government must have a good reason for prohibiting constitutionally protected conduct and that reason cannot discriminate against particular groups. While a ban on panhandling at a highway on-ramp might be reasonable for safety reasons, it is less likely to be considered reasonable at a stoplight or on a sidewalk.
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Panhandling on public roadways
While panhandling on public roadways may be prohibited by law, it is argued that it is protected by the First Amendment. In the 1980 Supreme Court case, Citizens for a Better Environment, a nonprofit organisation sued the village of Schaumburg for what it alleged was an unconstitutional ordinance against door-to-door solicitation by charities. While the Supreme Court has never explicitly adopted this position, it has had traction with at least Justice Thomas. In a joint dissent with Justice Scalia, Thomas approvingly noted that appellate courts have extended the First Amendment to begging and cites.
A recent case out of Massachusetts, filed by the ACLU, challenges a state law that prohibits panhandling on the side of public roadways. The case targets the town of Fall Rivers, which has issued over 150 criminal complaints under the state’s law since last year. This is just one of many cases that have been filed over the years targeting similar laws. Traditionally, sidewalks and public roadways are considered “public forums,” which means that the government must have a very good reason for prohibiting constitutionally protected conduct, and that reason cannot discriminate against particular groups. So while a ban on panhandling at a highway on-ramp might be reasonable for safety’s sake, that’s not likely to be the case at a stoplight, or on a sidewalk.
In International Society for Krishna Consciousness v. Lee (1992), the Court upheld prohibitions on solicitation at a state fairground, on sidewalks outside of a post office, and within an airport terminal. However, some lower courts have deemed panhandling to have some constitutional protection as “speech”. While many people do not appreciate being approached by panhandlers, the fact remains that they have a right to be there and exercise their free speech rights in asking for money, work opportunities, food or other items.
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Panhandling on sidewalks
While panhandling on sidewalks is generally considered constitutionally protected free speech, there are some exceptions. For example, in the case of *International Society for Krishna Consciousness v. Lee*, the Court upheld prohibitions on solicitation at a state fairground, on sidewalks outside of a post office, and within an airport terminal.
However, there are situations where panhandling on sidewalks may be restricted for safety reasons. For instance, a ban on panhandling at a highway on-ramp or near a busy road intersection could be deemed reasonable to ensure the safety of both panhandlers and motorists.
Additionally, the extent to which panhandling is protected by the First Amendment has been a subject of debate. While some lower courts have deemed it constitutionally protected speech, the Supreme Court has not explicitly adopted this position. Nevertheless, law professors and at least one Supreme Court Justice, Thomas, have expressed support for the idea that the First Amendment extends to begging and solicitation.
In conclusion, panhandling on sidewalks is generally considered constitutionally protected free speech, but there are certain circumstances where restrictions may be imposed for safety or other valid reasons. The legal status of panhandling continues to be a topic of discussion and debate among legal scholars and courts.
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Panhandling at highway on-ramps
While panhandling is constitutionally protected as 'speech', there are some exceptions to this rule. For example, in the case of *International Society for Krishna Consciousness v. Lee*, the Court upheld prohibitions on solicitation at a state fairground, on sidewalks outside of a post office, and within an airport terminal.
In the case of *Nixon v. Shrink Missouri Government PAC*, Justice Thomas approvingly noted that appellate courts have extended the First Amendment to begging and cites. A number of jurisdictions have followed this determination that the First Amendment protects personal solicitation.
However, there are some safety concerns that may override the right to panhandle. For example, while a ban on panhandling at a highway on-ramp might be reasonable for safety reasons, that is not likely to be the case at a stoplight or on a sidewalk.
While many people do not appreciate being approached by panhandlers, the fact remains that they have a right to be there and exercise their free speech rights in asking for money, work opportunities, food or other items.
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Frequently asked questions
Yes, panhandling is protected by the First Amendment as a form of free speech.
Yes, there are some exceptions. For example, panhandling is prohibited at highway on-ramps for safety reasons.
Panhandling is allowed on sidewalks as they are considered "public forums".
It is difficult to say, but it is likely that there will continue to be legal challenges to panhandling laws, with some arguing that they are unconstitutional.
