Zalkind Law and the ACLU of Massachusetts Defeat Motion to Dismiss in Lawsuit against Commonwealth for First Amendment Violations

Zalkind Law’s Naomi R. Shatz and attorneys from the ACLU of Massachusetts recently defeated a motion to dismiss in a case challenging Department of Recreation and Conservation regulations that unconstitutionally limit protected speech on public lands. The court found that one of the challenged regulations “impermissibly restrictions ‘profanity, vulgar or obscene language'”; language that is protected by the First Amendment. The court also agreed with Zalkind Law and the ACLU that a regulation that prohibits “unnecessary noise” is too vague to withstand constitutional scrutiny. With respect to DCR regulations that require permits for use of audio devices or public address systems, including radios, musical instruments, or potentially cell phone speakers on all DCR property, no matter what purpose the property is used for, are overbroad.

To read more about the case and view the decision click here.