Federal appeals court rejects free speech claim by commercial interest

The Coopersville Area Public Schools won a  ruling in the Sixth Circuit U.S. Court of Appeals when the court found that the Michigan district was within the law in limiting participation in “Band Night” to a single musical-instrument vendor. They had previously opened the night to any vendor. A vendor had sued claiming the exclusion prevented them their free speech right to promote its view that they were the best vendor for musical instruments. (Constitutional Law Prof Blog, January 16, 2019, by Steven D. Schwinn)

The Sixth Circuit upheld the decision of a federal district judge who determined that Band Night was either a limited public forum or a nonpublic forum and in limiting the vendors had been viewpoint neutral and reasonable.  (The First Amendment Encyclopedia, May 13, 2018, by David L. Hudson Jr.)

For other FAC coverage on this issue, click here and here.

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