Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶48 It follows from these principles that when the government opens a forum for discussion of certain subject matter, it may not impose restrictions that discriminate among viewpoints on that subject. See Dorn v. Board of Trustees, 203 Mont. 136, 146, 661 P.2d 426, 431 (1983); Rosenberger, 515 U.S. at 829, 115 S. Ct. at 2516; Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 61, 103 S. Ct. 948, 964 (1983) (Brennan, Marshall, Powell, & Stevens, JJ., dissenting). Accordingly, to the extent Denke complains that the City Council should have regulated or otherwise controlled the particular viewpoints expressed by speakers related to her 1999 Human Rights complaint during the February 14 council meeting, her claim must fail. See City of Madison, Joint School Dist. No. 8 v. Wisconsin Employment Relations Commission, 429 U.S. 167, 176, 97 S. Ct. 421, 426 (1976) (“Whatever its duties as an employer, when the board sits in public meetings to conduct public business and hear the views of citizens, it may not be required to discriminate between speakers on the basis of . . . the content of their speech.”).

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