OA73: Berkeley, Ann Coulter, and Free Speech (w/guest Travis Wester)

In this episode, the guys engage in a discussion with actor Travis Wester, who criticized the show’s coverage of the Berkeley College Republicans’ lawsuit back in the “C” segment of Episode #65.

Travis comes on the show to criticize Berkeley’s policy regarding the imposition of fees, while Andrew walks us through the various laws regarding the First Amendment’s applicability to “time, place, and manner” restrictions in college classrooms.

This episode went long, so we skipped our other segments, but obviously no Tuesday episode would be complete without the answer to Thomas Takes The Bar Exam Question #25 about smokin’ weed and crashin’ cars.

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Show Notes & Links

Here are the resources discussed in this episode:

  1. This is the link to the BCR/YAF (Ann Coulter) Complaint.
  2. Rosenberger v. Rector and Visitors of the University of Virginia, 515 U.S. 819 (1995) is the Supreme Court case decisively holding that campus groups allocating space in classrooms are a limited public forum.
  3. Ward v. Rock Against Racism, 491 U.S. 781 (1989), is the landmark Supreme Court case on time, place, and manner restrictions.
  4. Rock for Life-UMBC v. Hrabowski, 643 F.Supp.2d 729 (D. Md. 2009) is the D.Md. case that is directly on point with a university that has the exact same policies as Berkeley.
  5. The authorizing regulation is 5 CCR § 100004.
  6. The 5th Circuit case to which Travis kept referring is Sonnier v. Crain, 613 F.3d 436 (5th Cir. 2010), the opinion of which was subsequently withdrawn in part by Sonnier v. Crain, 634 F.3d 778 (5th Cir. 2011).
  7. Finally, the Supreme Court case cited by Travis within the Sonnier opinion is Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992), in which the Supreme Court held that content-based restrictions, including excessive security fees, violate the 1st Amendment.

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