The law, signed by Gov. Ron DeSantis yesterday, provides:
(1) As used in this section, the term "dwelling" means a building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.
(2) It is [a misdemeanor] for a person to picket or protest before or about the dwelling of any person with the intent to harass or disturb that person in his or her dwelling….
(4) Before a person may be arrested for a violation of this section, a law enforcement officer … must go as near to the person as may be done with safety and shall command any person picketing or protesting before or about the dwelling of a person to immediately and peaceably disperse. If any such person does not thereupon immediately and peaceably disperse, he or she may be arrested for a violation of this section.
Now a flat ban on all "focused picketing taking place solely in front of a particular residence" would be constitutional, as the Court expressly held in Frisby v. Schultz (1988), interpreting an ordinance that used the "before or about" language. (In Carey v. Brown (1980), the Court had held that a content-based residential picketing ban was unconstitutional, but Frisby held that content-neutral ones are fine.)
