Compelled Hosting Isn’t Rendered Unconstitutional by the Host’s Being a Speaking Organization
Another excerpt from the First Amendment section of my Social Media as Common Carriers? article (see also this thread); recall that the key First Amendment arguments are in this post, which relies on the PruneYard, Turner, and Rumsfeld precedents, and in this one, which explains why Miami Herald, Hurley, and the various other “common theme” precedents don’t apply.
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The precedents I discuss show that the law may require certain private property owners to allow public access even when they are themselves in the speech business:
- Cable systems, the Court made clear, are “entitled to the protection of the speech and press provisions of the First Amendment,” and indeed sometimes supply “original programming” of their own.
- Universities of course engage in massive amounts of their own speech (including by curating others’ speech, for instance when organizing symposia) on their property.
- Even shopping malls usua
Article from Latest – Reason.com