How To Close a First Amendment Public Forum: Does a Local Government’s Intent Matter?
Posted
19 Aug 2013 in Case Notes
[caption id="attachment_26" align="alignright" width="224"]
Fourth Circuit: a local government can “close” a public forum with a neutral policy, regardless of its intent.[/caption]
Your City has flag standards on light poles. They line the City streets.
For over 15 years, you have allowed private parties to use this property to place their own flags.
Now you have a problem.
A group wants to use this City property to fly the Confederate flag during a City parade. The public is fiercely opposed.
After your City council first approved the request, it changed course. Its new policy restricts flag-standard use to three flags: the American, State, and City flags.
The group sued. It claimed that the City’s change violates its First Amendment rights.
Can you successfully defend the City’s policy?
In a similar case, the Fourth Circuit recently said yes.