Re:Officials Don't Get to Choose Who Gets to Receive, Commen...
by derefr on Saturday December 02, 2017 @09:02PM
(#15835585)
Re: the mall example, would the government have to actively stop mall security guards from kicking people out for speech-related acts made within the "public forum" space that are against the mall's private policies?
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Re:Officials Don't Get to Choose Who Gets to Receive, Commen...
by kthejoker2 on Sunday December 03, 2017 @04:51AM
(#15836845)
Yes. If taxpayers are funding the mall space, they are entitled to assemble there. Any violation of that is a First Amendment case.
It's why government doesn't set up in malls, the malls won't let them. But a mall isn't the best analogy for Twitter because a Twtitterfight doesn't interfere with the rest of Twitter at all.
The better analogy is a (soundproofed) hotel where your key granted you access to every room but the owner of the room can choose to deny you access. If the government (ie taxpayers) owns the room, they can't deny you access when conducting official business.