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Legal Commentary
: The Volokh ConspiracyNo Constitutional Right to Dance in the Jefferson Memorial
By Eugene Volokh
So holds the Oberwetter v. Hilliard. The court concluded that
- the Jefferson Memorial qualified as a ?nonpublic forum? for First Amendment purposes, so that restrictions on speech there were constitutional if they were viewpoint-neutral and reasonable, and
- the limitation on conduct in the Memorial ?which involve[s] the communication or expression ... [and] has the effect, intent or propensity to draw a crowd or onlookers? was indeed viewpoint-neutral and reasonable.
Sounds right to me.
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Full post as published by The Volokh Conspiracy on January 27, 2010 (boomark / email).
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