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)
“Whatever else American thinkers do, they psychologize, often brilliantly. The trouble is that psychology only takes us so far. The new interest in families has its merits, but it will have done us all a disservice if it turns us away from public issues to private matters. A vision of things that has no room for the inner life is bankrupt, but a psychology without social analysis or politics is both powerless and very lonely.”
—Joseph Featherstone (20th century)
“We know now that Government by organized money is just as dangerous as Government by organized mob.... [The organized moneyed people] are unanimous in their hate for me and I welcome their hatred.... I should like to have it said of my second administration that these forces met their master.”
—Franklin D. Roosevelt (1882–1945)
“And hereby hangs a moral highly applicable to our own trustee-ridden universities, if to nothing else. If we really wanted liberty of speech and thought, we could probably get it—Spain fifty years ago certainly had a longer tradition of despotism than has the United States—but do we want it? In these years we will see.”
—John Dos Passos (1896–1970)
“Hume’s doctrine was that the circumstances vary, the amount of happiness does not; that the beggar cracking fleas in the sunshine under a hedge, and the duke rolling by in his chariot; the girl equipped for her first ball, and the orator returning triumphant from the debate, had different means, but the same quantity of pleasant excitement.”
—Ralph Waldo Emerson (1803–1882)