It would be good to know the exact policy. If the city allows commercial ads but no political or religious ads, I think the policy is constitutionally OK. If the city allows political ads but not religious ads, the policy is indeed highly questionable under Rosenberger, etc.
On Mon, Dec 20, 2010 at 3:53 PM, Brownstein, Alan <aebrownst...@ucdavis.edu>wrote: > 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-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] On Behalf Of Michael Masinter > Sent: Monday, December 20, 2010 12:13 PM > To: religionlaw@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) > masin...@nova.edu 954.262.3835 (fax) > > > > Quoting "Corcos, Christine" <christine.cor...@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.cor...@law.lsu.edu > > > > -----Original Message----- > > From: religionlaw-boun...@lists.ucla.edu > > [mailto:religionlaw-boun...@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 > > _______________________________________________ > > To post, send message to Religionlaw@lists.ucla.edu To subscribe, > > unsubscribe, change options, or get password, see > > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > > Please note that messages sent to this large list cannot be viewed > > as private. Anyone can subscribe to the list and read messages that > > are posted; people can read the Web archives; and list members can > > (rightly or wrongly) forward the messages to others. > > > > _______________________________________________ > > To post, send message to Religionlaw@lists.ucla.edu > > To subscribe, unsubscribe, change options, or get password, see > > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > > Please note that messages sent to this large list cannot be viewed > > as private. Anyone can subscribe to the list and read messages that > > are posted; people can read the Web archives; and list members can > > (rightly or wrongly) forward the messages to others. > > > > > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu To subscribe, > unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > -- Ira C. Lupu F. Elwood & Eleanor Davis Professor of Law George Washington University Law School 2000 H St., NW Washington, DC 20052 (202)994-7053 My SSRN papers are here: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
