In Forsyth County, Georgia v. The Nationalist Movement (1991), the U.S. Supreme Court ruled that a county ordinance allowing officials to set varying fees for public demonstrations was unconstitutional because it violated the First Amendment's freedom of speech clause. The case arose after Forsyth County charged an anti-racism group a higher fee than usual to hold a demonstration, citing potential disturbances and security concerns as reasons for the increased cost. In its decision, the court held that such ordinances could potentially suppress unpopular views by making them more expensive to express publicly and thus constituted content-based regulation of speech - something strictly prohibited under First Amendment jurisprudence.

In the dissenting opinion for Forsyth County, Georgia v. The Nationalist Movement, Justice Blackmun argued that the majority's decision was too broad and could potentially infrive on local governments' ability to maintain public order. He believed that while it is important to protect free speech rights, there should be a balance with maintaining public safety and order. He disagreed with the majority’s view that any consideration of content in setting permit fees violates First Amendment protections against censorship or prior restraint on speech. Instead, he suggested that considering content may sometimes be necessary when assessing potential costs related to security needs at events where controversial topics might incite violence or disorderly conduct.