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"The chilling effect of this inquiry, which discriminates based on viewpoint to target one side of an ongoing policy debate, strikes at protected speech at the core of the First Amendment," wrote Wells and the Exxon legal team.
The complaint says Walker's inquiry will have a "chilling effect" on Exxon's ability to engage in the climate change debate, and "discriminates based on viewpoint to target one side of an ongoing policy debate".
His act of blocking the plaintiffs based on viewpoint from that virtual forum is both state action and violates the First Amendment".
The Supreme Court has explained many times that censorship based on viewpoint is the clearest kind of First Amendment violation, and that seems to be what happened here".
Therefore the first amendment while protecting the freedom of speech also provides the legal basis for barring laws based on viewpoint discrimination.
To summarize: It is never permissible for a school to discriminate based on viewpoint.
When deciding whether to do so, it may "discriminate based on viewpoint," she says, unlike a government agency, which generally must be content-neutral when regulating the use of public space.
UPDATE, 1/15/19, 10:55 PM – Roku has decided to pull the InfoWers app downot
Because the other restrictions were not based on viewpoint, they were upheld.
Based on viewpoints, spatial patterns of visible landscape were analyzed by means of landscape metrics.
The study of the Hardy inequalities which is based on the viewpoint of the equality leads to a direct and explicit understanding of the Hardy type inequalities as well as of the nonexistence of nontrivial extremals.
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