Rehabilitating public forum doctrine: in defense of categories

Article Abstract:

The US Supreme Court's decision in International Society for Krishna Consciousness v. Lee, categorizing an airport as a nonpublic forum and upholding donation solicitation restrictions, signals that the Court is tending toward a distortion model of free speech in its fora analysis. The distortion model of speech is results-oriented and focuses on the extent restrictions change the nature of or ability to engage in public discourse, not on the place regulated. It is unlike the enhancement model, which seeks to maximize speech protection and is thus apt to categorize a place as a public forum to fulfill the guarantee of free speech.

Public forum doctrine (Law)

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Do not go gently into that good right: the First Amendment in the High Court of Australia

Article Abstract:

The Australian High Court misperceived the relationship among democracy, paid televised political advertisements and the right to free speech when it endorsed US practices in its ruling in Australian Capital Television Pty. Ltd. v. The Commonwealth. To view political speech as a "free-market economy of ideas" can be harmful to democracy. The High Court's decision rejected the Political Broadcasts and Political Disclosures Act 1991, which banned paid televised political advertisements and allocated free media time to political candidates.

Australia, Cases, Practice, Political advertising, Australia. High Court of Australia

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The changing faces of First Amendment neutrality: R.A.V. v. St. Paul, Rust v. Sullivan, and the problem of content-based underinclusion

Article Abstract:

It is hard to reconcile the US Supreme Court's decision in R.A.V. v. City of St Paul, striking down a hate speech law, as overbroad with its decision in Rust v. Sullivan, affirming speech restrictions on federally funded family planning clinics. The first decision reinforces the requirement of viewpoint- neutral regulations while the latter sanctions content-based restrictions. Both beg the question of whether the government can constitutionally engage in content-based underinclusion.

Hate speech

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