Cite as: 530 U. S. 703 (2000)
Kennedy, J., dissenting
the 'place' of that speech, considering the nature of the forum the speaker seeks to employ. . . . [T]he standards by which limitations on speech must be evaluated 'differ depending on the character of the property at issue.' " Frisby v. Schultz, 487 U. S., at 479 (quoting Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 44 (1983)). The quoted language was part of our holding in an important free speech case; and it is a holding the majority disregards.
Frisby upheld a municipal ordinance restricting targeted picketing in residential areas. The primary purpose of the ordinance, and a reason the Court sustained it, was to protect and preserve the tranquility of private homes. The private location at which respondents sought to engage in their expressive activities was stressed throughout the Court's opinion. See 487 U. S., at 483 ("[W]e construe the ban to be a limited one; only focused picketing taking place solely in front of a particular residence is prohibited"). "Although in many locations," the Court reasoned, "we expect individuals simply to avoid speech they do not want to hear, the home is different. 'That we are often "captives" outside the sanctuary of the home and subject to objectionable speech . . . does not mean we must be captives everywhere.' " Id., at 484 (quoting Rowan v. Post Office Dept., 397 U. S., at 738).
The Colorado law does not seek to protect private residences. Nor does the enactment impose a place restriction upon expressive activity undertaken on property, such as fairgrounds, designated for limited, special purposes. See, e. g., Heffron v. International Soc. for Krishna Consciousness, Inc., 452 U. S. 640, 655 (1981). The statute applies to public streets and sidewalks, traditional public fora which " 'time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.' " See Boos, 485 U. S., at 318 (quoting Hague v. Committee for Industrial Organization, 307 U. S. 496, 515 (1939) (opinion of Roberts, J.)). Given our traditions with respect to open discussion in public fora, this statute,
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