Forum Analysis Versus Government Speech Doctrine
In several important cases, courts have decided that what appeared to be viewpoint-based censorship in a forum was actually the government's tailoring of its own speech, which need not be viewpoint neutral, and that no forum was in fact created. When a governmental entity, such as a public broadcaster, employs the speech of ordinary citizens to further its goals, the government speech doctrine blocks citizens' First Amendment claims that the government set up a forum for them, and unconstitutionally suppressed speech in it.
Read more about this topic: Forum (legal)
Famous quotes containing the words forum, analysis, government, speech and/or doctrine:
“What is called eloquence in the forum is commonly found to be rhetoric in the study. The orator yields to the inspiration of a transient occasion, and speaks to the mob before him, to those who can hear him; but the writer, whose more equable life is his occasion, and who would be distracted by the event and the crowd which inspire the orator, speaks to the intellect and heart of mankind, to all in any age who can understand him.”
—Henry David Thoreau (1817–1862)
“Analysis as an instrument of enlightenment and civilization is good, in so far as it shatters absurd convictions, acts as a solvent upon natural prejudices, and undermines authority; good, in other words, in that it sets free, refines, humanizes, makes slaves ripe for freedom. But it is bad, very bad, in so far as it stands in the way of action, cannot shape the vital forces, maims life at its roots. Analysis can be a very unappetizing affair, as much so as death.”
—Thomas Mann (1875–1955)
“I thought it a pity that some poor student did not live there, to profit by all that light, since he would not rob the mariner.... Think of fifteen Argand lamps to read the newspaper by! Government oil!—light enough, perchance, to read the Constitution by! I thought that he should read nothing less than his Bible by that lamp.”
—Henry David Thoreau (1817–1862)
“We look forward to a world founded upon four essential human freedoms. The first is freedom of speech and expression—everywhere in the world. The second is freedom of every person to worship God in his own way—everywhere in the world. The third is freedom from want ... everywhere in the world. The fourth is freedom from fear ... anywhere in the world.”
—Franklin D. Roosevelt (1882–1945)
“Theory may be deliberate, as in a chapter on chemistry, or it may be second nature, as in the immemorial doctrine of ordinary enduring middle-sized physical objects.”
—Willard Van Orman Quine (b. 1908)