No religious advertisements on municipal buses

Brownstein, Alan aebrownstein at ucdavis.edu
Mon Dec 20 12:53:10 PST 2010


I don't know if Michael's equation of political ads and religious ads necessarily works. I'm pretty confident that there are lower court cases where the exclusion of political speech was considered to be content discrimination, not viewpoint discrimination (but I would have to look to find them.). There is also commentary questioning whether the exclusion of political speech from a nonpublic forum or limited public forum would receive the same rigorous standard of review applied to the exclusion of religious speech from such locations.

Alan

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Michael Masinter
Sent: Monday, December 20, 2010 12:13 PM
To: religionlaw at lists.ucla.edu
Subject: RE: No religious advertisements on municipal buses

The problematic case is Lehman v. City of Shaker Heights; if a city can ban political ads from a bus, presumably it can also ban religious ads, though it may matter whether the ads are inside or outside the bus (inside in Lehman).  But I would have joined the Lehman dissenters, and I am not confident that either the views of Justice Blackmun for the plurality or Justice Douglas would prevail today.


Michael R. Masinter                      3305 College Avenue
Professor of Law                         Fort Lauderdale, FL 33314
Nova Southeastern University             954.262.6151 (voice)
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Quoting "Corcos, Christine" <Christine.Corcos at law.lsu.edu>:

> Fort Worth.  See here.   
> http://www.nytimes.com/2010/12/17/us/17brfs-atheist.html?partner=rss&e
> mc=rss
>
>  I think it may be a reaction to part of a campaign (linked to a   
> similar campaign in Canada) that is continuing the "Good Without   
> God" campaign that was launched last year.  See here.    
> http://atheistbus.ca/
>
> See the Atheist bus website here. http://www.atheistbus.org.uk/
>
> Christine Corcos
> Associate Professor of Law
> Paul M. Hebert Law Center, Louisiana State University Associate 
> Professor, Women's and Gender Studies Program LSU A&M
> 324 Law Building
> 1 East Campus Drive
> Baton Rouge LA 70803
> tel: 225/578-8327
> fax: 225/578-3677
> home page: http://faculty.law.lsu.edu/ccorcos
> Feminist Law Professors (http://feministlawprofessors.com/)
> Law and Humanities Blog (http://lawlit.blogspot.com/) Law and Magic 
> Blog  (http://lpcprof.typepad.com/law_and_magic_blog/)
> Media Law Blog (http://lawprofessors.typepad.com/media_law_prof_blog/)
> email: christine.corcos at law.lsu.edu
>
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu   
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Brownstein,  
> Alan
> Sent: Monday, December 20, 2010 1:35 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: No religious advertisements on municipal buses
>
>
> I saw a newspaper story a few days ago (I'm sorry, but I don't   
> recall all the details) reporting that a city prohibited all   
> religious advertising on buses because people were annoyed with   
> advertisements expressing a message by Atheists suggesting that   
> there is no G-d. Wouldn't that regulation constitute   
> unconstitutional viewpoint discrimination under Rosenberger and Good  
>  News Club? I have serious problems with some of the Court's   
> decisions that characterize discrimination against religious   
> expressive activities as viewpoint discrimination. But if that's the  
> rule, it would certainly seem to apply in this case as well.
>
> Alan Brownstein
> UC Davis School of Law
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