Thursday, February 20, 2014

Right to Free Speech Includes Offensive Speech

by Hans Bader on February 17, 2014
“The Wandering Dago food truck wants to park and sell food at various events on New York State property. The state says no, because the name is offensive. Does that violate the First Amendment?” The answer is probably yes, says UCLA law professor Eugene Volokh at this link. He recently discussed the free-speech issue in a pending court case called Wandering Dago Inc. v. N.Y. State Office of General Services. The mere fact that a business’s name is politically incorrect, or offends some patrons, is not reason enough to ban it, as an appeals court ruled in holding the name “Sambo’s” protected in Sambo’s Restaurants Inc. v. City of Ann Arbor (1981). Of course, if it is offensive, the business may lose customers as a result, especially if its name does not appeal to patrons’ sense of humor.
Commercial speech is not the only speech that government officials seek to restrict when it offends certain listeners. Such restrictions are common in universities, even though the Supreme Court has indicated that free speech is nearly as broad on campus as in society at large (in its decisions in Papish v. University of Missouri Curators, Healy v. James, and Rosenberger v. University of Virginia).
For example, Arizona State University has expelled a fraternity for a racially-offensive Martin Luther King Day party off campus.….To Read More…….

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