viewpoint neutrality

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Some of Higher Society’s decor on the Tippecanoe County courthouse. Source: WLFI.

Earlier this week, a federal court in Indiana issued a preliminary injunction in favor of a group of marijuana advocates, Higher Society of Indiana, who wish to hold rallies on the steps of the Tippecanoe County courthouse.  The county government denied the group’s request to hold rallies in that location because the county disagreed with the group’s message.

In 1999, the county issued a policy regarding use of the courthouse grounds by non-governmental groups.  The policy requires a group wishing to hold an event on the courthouse grounds to obtain a sponsorship approval
Continue Reading Free Speech and Funny Cigarettes: “Higher Society” Wins Preliminary Injunction to Hold Pro-Marijuana Rally on Indiana Courthouse Steps

Earlier this month, a federal district court granted a temporary restraining order (TRO) in favor of the Southwest Airlines’ Pilots Association (SWAPA), directing the City of Chicago to allow an ad proposed by SWAPA to be displayed in the Chicago Midway Airport.  The ad (see here) depicts a Southwest pilot holding a sign that reads “Shareholder Returns: $3.1 Billion.  Pilot Raises: $0.”  Acknowledging that a TRO is an “extraordinary” remedy, the court nonetheless granted it in light of an upcoming Southwest Airlines shareholders’ meeting where pilot compensation would be discussed.
Continue Reading Chicago Fails to Transform Airport Advertising Space to a Non-Public Forum; Disgruntled Pilots’ Ad is Permitted

In an opinion issued last month, a federal district court in Texas denied an event promoter’s request for a preliminary injunction to compel the City of Dallas to contract with the promoter for use of the Dallas Convention Center in connection with a three-day adult entertainment expo called “Exxxotica.”

The promoter contracted with the City to hold Exxxotica at the Convention Center in 2015.  Prior to that event, the promoter had promised the City that no one under eighteen would be admitted to the event, sexual activities would be prohibited and no obscenity or public lewdness would be permitted.  However, despite the promoter’s promises, the City had evidence, including video footage, of likely underage attendees and lewd conduct at the event.
Continue Reading Court Denies Adult Expo’s Motion for Preliminary Injunction; City’s Convention Center is a Limited Public Forum

A women’s health counseling service was denied in its efforts to advertise on buses operated by the Fort Wayne, Indiana public bus system.  The bus system’s advertising policy prohibited noncommercial advertising of any nature but allows the display of public service announcements.  The federal district court found that the bus advertising space constituted a nonpublic …