Quote:
Originally posted by Not Me
On the basis of viewpoint, that is true. But that isn't what you said. You said content-based. Content based is not synonymous with viewpoint based. The question to be answered is was the protester ejected on the basis of viewpoint or rather (as was held by the USSC to be constitutional) to avoid a disruption. The protestor is saying on the basis of viewpoint. Those who ejected the protestor said to avoid a disruption. It is very clear that avoiding a disruption is a valid grounds for suppressing speech in an non-public forum. That is not a time, manner, place restriction. That is content-based.
Read this part of the case I posted again:
"The First Amendment does not forbid a viewpoint-neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its intended purpose."
Was the purpose of the event to debate the merits of GWB's admin? Were the T-shirts wearers hindering the effectiveness of the event for its intended purpose? Or were they ejected for their viewpoints. Those are questions we can debate. But we cannot debate that the standard for a non-public forum content-based suppression of speech is reasonableness, not strict scrutiny. Read the cases if you want to know more.
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Burger previously floated the idea that you are now toying with -- that you can suppress certain political speech on the rationale that it may cause a disruption, and that therefore the discrimination against it is really not viewpoint-based. If you think you have a case that stands for that proposition -- the one you are relying on has to do with organizations seeking to join a fundraising drive in federal offices -- by all means, post it. But Burger was smart enough not pursue that line of thinking, since it would gut the First Amendment's protection of unpopular political speech. They weren't kicking people out with tee shirts with political speech on them -- they were kicking out the two people wearing anti-Bush messages. The First Amendment doesn't allow this.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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