Many farmers markets have questions about free speech at markets, and in particular, what types of restrictions market rules can place on activities such as leafleting, political campaigning, or protesting. Are farmers markets obligated to allow these types of activities as exercises of free speech under the First Amendment?
There are some rules that all markets may write that place limitations on speech. A market may have restrictions that are content-neutral and restrict speech to a reasonable time, place and manner. A market may also prohibit unprotected speech.
It is also important that the market is careful to make rules as clear and narrow as possible so that customers and vendors are notified in advance of what is and what is not acceptable conduct at the market.
Suggested Citation
What Rules Can a Market Make Regarding Speech?, Farmers Mkt. Legal Toolkit, https://farmersmarketlegaltoolkit.org/wp-content/uploads/2020/12/FMLT_Free-Speech-Resource_FINAL.pdf (last visited May 28, 2024).
