My understanding of the current status of the designated public forum doctrine is that it would not matter whether it was a private sort of thing like a tuition-paid class for enrolled students or a lecture open to the public.
Steve > On Apr 22, 2016, at 1:20 PM, Alan E Brownstein <aebrownst...@ucdavis.edu> > wrote: > > Steve and Eugene are confirming my initial take on this issue. Does the > analysis change if the lecture is open to the university community (as are > most such lectures by invited speakers)? It is an open lecture as opposed to > a class where only enrolled students are entitled to attend. > > As Steve suggests, there would be a different issue if the protestors were > denied access to a room for their own expressive activities, but that is not > the case here. > > Alan > From: religionlaw-boun...@lists.ucla.edu > <mailto:religionlaw-boun...@lists.ucla.edu> > <religionlaw-boun...@lists.ucla.edu > <mailto:religionlaw-boun...@lists.ucla.edu>> on behalf of Steven Jamar > <stevenja...@gmail.com <mailto:stevenja...@gmail.com>> > Sent: Friday, April 22, 2016 4:47:01 AM > To: Law Religion & Law List > Subject: Re: speech and religion hypothetical > > Oh oh. Eugene and I agree completely on something! Protesters in a limited > designated public forum are not engaging in protected activity. There is no > constitutional right to disrupt another’s speech in such a setting. > > If the school refused to give the protesters a forum at all, that would be > viewpoint discrimination and would violate the constitution. > > Steve > >> On Apr 22, 2016, at 1:43 AM, Volokh, Eugene <vol...@law.ucla.edu >> <mailto:vol...@law.ucla.edu>> wrote: >> >> No and no. A content-neutral restriction forbidding the >> disruption of speakers who have been invited by a group that has booked a >> room, and thus gotten exclusive access to the room for that time, is >> certainly constitutional. And religious speakers are no more and no less >> protected here. >> >> Eugene >> >> From: religionlaw-boun...@lists.ucla.edu >> <mailto:religionlaw-boun...@lists.ucla.edu> >> [mailto:religionlaw-boun...@lists.ucla.edu >> <mailto:religionlaw-boun...@lists.ucla.edu>] On Behalf Of Alan E Brownstein >> Sent: Thursday, April 21, 2016 9:41 PM >> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu >> <mailto:religionlaw@lists.ucla.edu>> >> Subject: speech and religion hypothetical >> >> I recognize this hypothetical, based very indirectly on a real incident, is >> more speech than religion, but I hope Eugene will allow my post to go >> forward in any case. >> >> Suppose a LGBT student group at a public university invites a guest speaker >> to present a scheduled lecture in a university classroom. The campus >> administration allows student groups to invite speakers and to sign up to >> use campus facilities with few restrictions. It is a common practice. A >> group of religious students strongly opposed to the speaker's message >> disrupt the speaker's presentation after it has begun. They commandeer the >> front of the room and chant anti-LGBT messages for 3 - 4 minutes. Then they >> leave. (Alternatively, we can reverse the facts and have the presentation >> of a religious speaker invited by a religious group of students disrupted by >> gay rights proponents to a similar extent.) >> >> I have two questions for list members. >> >> 1. Is the conduct of the protestors protected by the Free Speech Clause of >> the First Amendment? Does the First Amendment prevent the university from >> prohibiting this kind of protest through content neutral time, place and >> manner regulations and from punishing the protestors' conduct if the >> regulations are disobeyed? (If you think that this is or is not protected >> speech, are there particular cases you rely on to support this conclusion?) >> >> 2. Does the answer to the first question change in any way because religious >> speakers, protestors, and messages are involved in these incidents. >> >> Alan Brownstein >> >> >> >> >> _______________________________________________ >> To post, send message to Religionlaw@lists.ucla.edu >> <mailto:Religionlaw@lists.ucla.edu> >> To subscribe, unsubscribe, change options, or get password, see >> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw >> <http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw> >> >> Please note that messages sent to this large list cannot be viewed as >> private. Anyone can subscribe to the list and read messages that are >> posted; people can read the Web archives; and list members can (rightly or >> wrongly) forward the messages to others. > > > -- > Prof. Steven D. Jamar > Assoc. Dir. of International Programs > Institute for Intellectual Property and Social Justice > http://iipsj.org <http://iipsj.org/> > http://sdjlaw.org <http://sdjlaw.org/> > > Two quotes from Louis Armstrong: > "You blows who you is." > "If ya ain't got it in ya, ya can't blow it out." > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > <mailto:Religionlaw@lists.ucla.edu> > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > <http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw> > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > people can read the Web archives; and list members can (rightly or wrongly) > forward the messages to others. -- Prof. Steven D. Jamar Assoc. Dir. of International Programs Institute for Intellectual Property and Social Justice http://iipsj.org http://sdjlaw.org "It is by education I learn to do by choice, what other men do by the constraint of fear." Aristotle
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
