1st Amendment and Free Speech/First Amendment

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Question
The local school has decided to rent the high school auditorium to groups for meetings. So far the Lion's Club, the Shenandoah Square Dance Club, and a Boy Scout Troop have used the auditorium. Now the local chapter of the Skull and Dagger Motorcycle Club wants to meet there. Can the school board refuse to let this club meet in the auditorium? Why or why not?

Answer
Hello,

Please keep in mind that I cannot provide specific legal advice in this forum.  

However, generally speaking, if a public entity makes space generally available to members of the public, it cannot restrict access based on the views of a particular group.  That said, there could be other reasons unrelated to viewpoint to deny access.  For example, if there were reasons to believe members were felons or potentially dangerous, it could deny the group access on that basis.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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