Jump to ContentJump to Main Navigation
Managed SpeechThe Roberts Court's First Amendment$
Users without a subscription are not able to see the full content.

Gregory P. Magarian

Print publication date: 2017

Print ISBN-13: 9780190466794

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780190466794.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2020

Speakers, Cornered

Speakers, Cornered

Weakening the Public Forum

Chapter:
(p.91) Chapter 4 Speakers, Cornered
Source:
Managed Speech
Author(s):

Gregory P. Magarian

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190466794.003.0004

This chapter discusses government properties, which First Amendment law calls “public forums,” that offer underfunded speakers opportunities to reach audiences. The Roberts Court has limited those opportunities by holding in two cases that the government may commandeer certain speech in public forums to express its own ideas or values and by holding in a third case that public universities may bar university-sponsored student groups from limiting their membership on moral grounds. A fourth Roberts Court public forum decision holds, in much more speech-protective fashion, that a state “buffer zone” that barred speech around abortion clinics restricted more speech than necessary to achieve the government’s permissible objectives. That decision, however, may limit its value for future speakers by emphasizing the distinctive character of the antiabortion “counsellors” who won the case.

Keywords:   U.S. Supreme Court, Roberts Court, First Amendment, free speech, government preserves, public forum doctrine, government speech, university student groups, antiabortion activism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .