Hill v. Colorado, 530 U.S. 703, 54 (2000)

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756

HILL v. COLORADO

Scalia, J., dissenting

though it is not the least restrictive or least intrusive means of serving the statutory goal." Ante, at 726. The implication is that the availability of alternative means of communication permits the imposition of the speech restriction upon more individuals, or more types of communication, than narrow tailoring would otherwise demand. The Court assures us that "we have emphasized" this proposition "on more than one occasion," ibid. The only citation the Court provides, however, says no such thing. Ward v. Rock Against Racism, 491 U. S., at 798, quoted ante, at 726, n. 32, says only that narrow tailoring is not synonymous with "least restrictive" alternative. It does not at all suggest—and to my knowledge no other case does either—that narrow tailoring can be relaxed when there are other speech alternatives.

The burdens this law imposes upon the right to speak are substantial, despite an attempt to minimize them that is not even embarrassed to make the suggestion that they might actually "assist . . . the speakers' efforts to communicate their messages," ante, at 727. (Compare this with the Court's statement in a nonabortion case, joined by the author of today's opinion: "The First Amendment mandates that we presume that speakers, not the government, know best both what they want to say and how to say it." Riley v. National Federation of Blind of N. C., Inc., 487 U. S. 781, 790-791 (1988).) The Court displays a willful ignorance of the type and nature of communication affected by the statute's restrictions. It seriously asserts, for example, that the 8-foot zone allows a speaker to communicate at a "normal conversational distance," ante, at 726-727. I have certainly held conversations at a distance of eight feet seated in the quiet of my chambers, but I have never walked along the public side-walk—and have not seen others do so—"conversing" at an 8-foot remove. The suggestion is absurd. So is the suggestion that the opponents of abortion can take comfort in the fact that the statute "places no limitation on the number of speakers or the noise level, including the use of amplification

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