viewpoint discrimination

Content-based discrimination in which the government targets not a particular subject, but instead certain views that speakers might express on the subject; discrimination based on the content of a communication.

• If restrictions on the content of speech are reasonable and not calculated to suppress a particular set of views or ideas, a governmental body may limit speech in a nonpublic forum to expressions that serve a specific purpose. For example, an agency holding a workshop to inform state employees of laws related to the agency’s functions may reasonably prohibit the expression of opinions regarding the motives of the legislators. But if speech favorable to the legislators’ intent is allowed and opponents are denied the opportunity to respond, the restriction would constitute viewpoint discrimination.

— Also termed viewpoint-based discrimination. [Cases: Constitutional Law 90(3), 90.1(1).]


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