How is viewpoint discrimination different from content discrimination?
Is the subject or topic the speaker wishes to address permitted? If
so, is the speaker being excluded from the forum only because of the
viewpoint or ideological perspective from which he or she wishes to
address the subject?
Here is a great quote from Prof. Michael McConnell on viewpoint discrimination:
"In
my opinion, whether a restriction is viewpoint discriminatory [depends
upon the answer to the following] realistic question: Are there any
identifiable ideological groups of thought that are put at a
disadvantage relative to their competitors? When religious speakers are
excluded (even if 'religious' includes atheists), their perspective is
put at a disadvantage vis-a-vis dozens of other competing worldviews.
Thus, a person who thinks the welfare reform bill is bad because it is
contrary to Marxist theory can get government money and proclaim his
views, but the person who thinks it is bad because it is contrary to
Christ's admonition to feed the poor cannot."
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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