Cogswell v. Seattle

2003

Venue: Ct. App. 9th cir.

Facts: Seattle publishes a pamphlet allowing voters to meet the candidates, but candidates are not allowed to discuss the opponent. Cogswell talks about McIver, his opponent.

Posture: District court finds for plaintiff.

Issue: Is this an unconstitutional restriction, given that the pamphlet is a limited public forum?

Holding: No. Reversed.

Rule: In a limited public forum, the restriction only violates 1A if it is unreasonable. A state can restrict access to a limited public forum as long as this is done reasonably, and the restriction doesn't discriminate against speakers based on their viewpoint.

Reasoning: The government may not regulate speech based on its content, but it can exclude speech outside the scope of the forum hosting it. A non-public forum by definition is not dedicated to general debate.

Dicta: