The subject of the First Amendment and its scope has been the subject of many discussions and even more claims.
But, most discussions do not revolve around how to determine the balance between a government's right/obligation to manage public areas for the benefit of all versus the right of free expression.
Rather, the discourse involves condemnations of the government's actions which impede or restrict the expressive conduct of protestors.
If the First Amendment means anything, it must mean that the same rule applies to all people, regardless of how offensive their views are. The government's job is not to determine whose views are acceptable, and whose are not.
So, let us change the facts in the scenarios facing city and protestors in a few hypothetical, and see if the same outcome holds. The sort of exercise law school students endure across the country.
NOTE: This scenario is not a statement of equivalency or comparison of the merits of different political messages or of the messengers. It is a hypothetical based on real life possibilities, such as Nazis marching through Skokie.
Read More