Re: Public Forum

>For example, theoretically, I could enter a diner, sit at the counter, and

>begin hurling insults at total strangers (or better yet, just start
swearing 
>random curse words at no one in particular). I of course have a 
>"constitutional right" to do so. But can the other individuals in the
diner 
>simply "choose" not to hear my cursing? 
 
Actiually, you don't have a constitutional right to hurl insults in a
diner.  The government may not be able to pass a low against it (other than
"fighting words") but the owner/manager of the diner can (and probably
will) have you thrown out. 
 
>No, they can't. The patrons of the diner can't help but be exposed to the 
>vitriol -- you can't turn off your eardrums. The diner is a public place
- -- 
>a public 'forum', so to speak -- just as this Who-list is. And when 
>individuals are in a public place, they are expected to exercise 
>self-control and courtesy.  
 
The diner may be a public place, but that doesn't make it a "public forum"
for First Amendment purposes.  Traditionally, the term "public forum" meant
government owned property onwhich the public has traditionally gathered
(e.g., streets, parks, municipal auditoriums).  An airport may even be a
public forum under cetain circmstances, but I'm not aware of any case
holding that a diner was one.  And even a public forum is subject to
reasonable time, place and manner regulation. 
 
As for the Who list, it's still privately organized and operated (much like
a private club), and so the list manager (Paul Moriarty) can do pretty much
anything he wants with regard to list members who repeatedly post
inflammatory and insulting material.   
 
David (J.D. '94)