Free speech and business decor

[Lupu, Ira (Chip)]

Last Thursday, Michael McConnell wrote:
> According to the San Francisco Chronicle, the SF City Council
> recently passed a resolution denouncing radio commentator Dr. Laura
> Schlessinger for her statements about homosexuality, and called on
> Paramount to cancel their contract with her. Any constitutional
> problems?
> -- Michael McConnell (U of Utah)

I don't think there's any constitutional problem with the City Council denouncing Dr. Laura's
statements (or, for that matter, denouncing her for making them, though that seems
personal and gratuitous); government agencies are entitled to speak
on such matters.  But the call to a private, third party to cancel her
contract seems highly questionable as a constitutional matter.  Cf.
Bantam Books v. Sullivan, 372 U.S. 358 (1963) (1st amendment is
violated by state agency's informal exhortation to booksellers to stop
selling books that the agency, which could only recommend
prosecution, considered obscene).  The call for cancellation seems
designed to silence her and is an attempt to interfere with
advantageous contractual relations, and it seems to me that the state
may not do that on the basis of protected speech.  Of course, the
members of the Council may be immune from damage suits for the
statement, although the City may not be.
Last I heard, Dr. Laura had "apologized;"  I have heard nothing
about whether Paramount has acted on the cancellation call.


Ira C. ("Chip") Lupu
The George Washington University School of Law
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu