4 Ward v. Rock Against Racism 4 Ward v. Rock Against Racism

The City of New York had been receiving complaints about loud music from concerts bleeding into nearby neighborhoods. They responded by passing an ordinance that would require musicians performing at concerts in Central Park to use only sound technicians who were provided by the city. Petitioners argued that sound mixing and other technical aspects of live performance are integral to a performer's musical work, and that the city's restriction of the band in choosing whom to employ for sound work thus infringed on musicians' freedom of expression. The Court upheld the ordinance and decided that the city was justified in regulating the band's choice of sound technicians. They found that conduct serving a government interest (such as maintaining order) need not be the option that least restricts freedom of speech, so long as "the means chosen are not substantially broader than necessary" to serve that interest. Marshall dissented, claiming the Court's holding "eviscerates the First Amendment."