Children's Internet Protection Act (CIPA) Ruling eBook

United States District Court for the Eastern District of Pennsylvania
This eBook from the Gutenberg Project consists of approximately 196 pages of information about Children's Internet Protection Act (CIPA) Ruling.

Children's Internet Protection Act (CIPA) Ruling eBook

United States District Court for the Eastern District of Pennsylvania
This eBook from the Gutenberg Project consists of approximately 196 pages of information about Children's Internet Protection Act (CIPA) Ruling.
views from private speakers.”) (internal quotation marks and citation omitted).  Similarly, although the government may create a designated public forum limited to speech on a particular topic, if the government opens the forum to members of the general public to speak on that topic while selectively singling out for exclusion particular speakers on the basis of the content of their speech, that restriction is subject to strict scrutiny.  For instance, in City of Madison Joint School District No. 8 v.  Wisconsin Employment Relations Commission, 429 U.S. 167 (1976), the Court held that where a school board opens its meetings for public participation, it may not, consistent with the First Amendment, prohibit teachers other than union representatives from speaking on the subject of pending collective-bargaining negotiations.  See id. at 175 (noting that the state “has opened a forum for direct citizen involvement"); see also Ark.  Educ.  Television Comm’n v.  Forbes, 523 U.S. 666, 680 (1998) (distinguishing, for purposes of determining the appropriate level of First Amendment scrutiny, a televised debate in which a public broadcasting station exercises editorial discretion in selecting participating candidates from a debate that has “an open-microphone format").

Finally, content-based restrictions on speech in a designated public forum are most clearly subject to strict scrutiny when the government opens a forum for virtually unrestricted use by the general public for speech on a virtually unrestricted range of topics, while selectively excluding particular speech whose content it disfavors.  Thus, in Conrad, the Court held that a local government violated the First Amendment when it denied a group seeking to perform the rock musical “Hair” access to a general-purpose municipal theater open for the public at large to use for performances.  See also Denver, 518 U.S. at 802 (Kennedy, J., concurring in the judgment) (suggesting that strict scrutiny would not apply to a local government’s decision to “build[] a band shell in the park and dedicate[] it solely to classical music (but not jazz),” but would apply to “the Government’s creation of a band shell in which all types of music might be performed except for rap music").  Similarly, in FCC v.  League of Women Voters of Cal., 468 U.S. 364 (1984), the Court subjected to heightened scrutiny a federal program that funded a wide range of public broadcasting stations that disseminated speech on a wide range of subjects, where the federal program singled out for exclusion speech whose content amounted to editorializing.  As the Court later explained:  In FCC v.  League of Women Voters of Cal., 468 U.S. 364 (1984) the Court was instructed by its understanding of the dynamics of the broadcast industry in holding that prohibitions against editorializing by public radio networks were an impermissible restriction, even though the Government enacted the restriction to control the use of public funds.  The First Amendment forbade the Government from using the forum in an unconventional way to suppress speech inherent in the nature of the medium.

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Children's Internet Protection Act (CIPA) Ruling from Project Gutenberg. Public domain.