What is the difference between "viewpoint discrimination" and "content"
or "subject matter" discrimination? This is an important distinction in
the law of free speech and public forums, because viewpoint
discrimination is prohibited in all types of fora, but subject matter
discrimination is permitted in certain types of fora.
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.
Thursday, April 27, 2023
Viewpoint Discrimination
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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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