Changes

Distinguishing between the government's sovereign and non-sovereign functions, the Court explained that the case involved, not "a general law singling out a disfavored group on the basis of speech," but rather a "refus[al] to fund activities, including speech, which are specifically excluded from the scope of the project funded." ''Id.'' at 194-195. The Court noted that a recipient of funds "is in no way compelled to operate a Title X project" and may "avoid the force of the regulations ... simply [by] declin[ing] the subsidy." ''Id.'' at 199 n.5. The Court also indicated that the result would have been different if the program had involved property "traditionally open to the public for expressive activity" or "expressly dedicated to speech activity," id. at 200 (quoting ''Kokinda'', 497 U.S. at 726), thereby suggesting that the program at issue could be viewed as a nonpublic forum.

Distinguishing between the government's sovereign and non-sovereign functions, the Court explained that the case involved, not "a general law singling out a disfavored group on the basis of speech," but rather a "refus[al] to fund activities, including speech, which are specifically excluded from the scope of the project funded." ''Id.'' at 194-195. The Court noted that a recipient of funds "is in no way compelled to operate a Title X project" and may "avoid the force of the regulations ... simply [by] declin[ing] the subsidy." ''Id.'' at 199 n.5. The Court also indicated that the result would have been different if the program had involved property "traditionally open to the public for expressive activity" or "expressly dedicated to speech activity," id. at 200 (quoting ''Kokinda'', 497 U.S. at 726), thereby suggesting that the program at issue could be viewed as a nonpublic forum.

[[category:US Supreme Court Cases]]

[[category:United States Supreme Court Cases]]