A: I brought flyers with information on a candidate to a city hall debate sponsored by the League of Women Voters. I was informed that I could not place the flyers upon the table where the candidates had their literature.
Here’s some context: this League of Women Voters chapter has attempted to curb any speech that is independent of a candidate’s. They do so through attempts by mailers to inform voters to watch for “hit pieces.” Their education efforts fail to differentiate hit pieces from information mailers which contain valid information, substantiated and relevant, about candidates.
My question is whether I can pursue this as a legal action–I know that’s asking for advice, but I’m actually asking if my 1A rights violated. Could a case be made for such?
A: Even though this event was held in a public building, there may not be any First Amendment violation given that the event was hosted by a non-governmental entity.
Likewise, it sounds like the tables were set up and maintained by the League for purposes of the League-hosted forum. If this had been a government-hosted forum, and the government prevented a specific candidate from speaking and/or sharing candidate materials, there would be some serious First Amendment issues at stake.
However, just as the government cannot unconstitutionally restrict the speech rights of individuals in various public forums, the government also probably cannot tell the League of Women Voters how to run its candidate forum — i.e., who can speak, what can go on the information tables, etc. The fact that the League is a nonprofit organization would not change this analysis, since nonprofits are typically not governmental organizations.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.