The Volokh Conspiracy - No Stickers in the Richmond Coliseum:

The Richmond Times-Dispatch reports:

The Virginia Citizens Defense League ... says officials at the Richmond Coliseum recently attempted to stop members from handing out blaze-orange "Guns Save Lives" stickers before an appearance by radio and television talk-show host Glenn Beck....

Van Cleave said the confrontation occurred June 6 as guests were arriving to see Beck, a defender of guns-rights and other personal liberties. Group members were handing out stickers when Coliseum officials told them to stop and advised that stickers were banned from the city-owned venue, he said.

"Our people stood their ground, [saying] this is public, this is freedom of speech," Van Cleave said.

Then, Coliseum officials turned their attention to people who were wearing the stickers as they entered the building. "They had to throw the stickers away," he said. "They couldn't hide it."

Van Cleave said most people followed the instructions. He said the incident was particularly disturbing because other stickers were being worn into the show without any apparent objection....

Rebecca K. Glenberg, legal director for the American Civil Liberties Union of Virginia, said members of Van Cleave's group were clearly within their rights if they were handing out stickers on public property. She said it's less clear whether Coliseum officials could ban stickers but added that any restriction would have to be enforced evenly and be reasonable in a way that's unrelated to content....

I assume from the story that the Richmond Coliseum is government-owned, and if that's so then it's hard to see how it could permissibly ban the wearing of stickers (as it does; the rule seems to have been added at some point in 2009, and Van Cleave says it was "added after the Beck show"). Even distribution of the stickers, like the distribution of leaflets, might well be constitutionally protected even in a nonpublic forum such as a sports arena. But the case for First Amendment protection for the wearing of stickers strikes me as even stronger, even if the no-stickers policy is being enforced evenhandedly. And if it is indeed enforced only against particular messages, then the violation would be especially clear.

	[Eugene Volokh, July 9, 2009 at 3:02pm] Trackbacks No Stickers in the Richmond Coliseum: The Richmond Times-Dispatch reports: The Virginia Citizens Defense League ... says officials at the Richmond Coliseum recently attempted to stop members from handing out blaze-orange "Guns Save Lives" stickers before an appearance by radio and television talk-show host Glenn Beck.... Van Cleave said the confrontation occurred June 6 as guests were arriving to see Beck, a defender of guns-rights and other personal liberties. Group members were handing out stickers when Coliseum officials told them to stop and advised that stickers were banned from the city-owned venue, he said. "Our people stood their ground, [saying] this is public, this is freedom of speech," Van Cleave said. Then, Coliseum officials turned their attention to people who were wearing the stickers as they entered the building. "They had to throw the stickers away," he said. "They couldn't hide it." Van Cleave said most people followed the instructions. He said the incident was particularly disturbing because other stickers were being worn into the show without any apparent objection.... Rebecca K. Glenberg, legal director for the American Civil Liberties Union of Virginia, said members of Van Cleave's group were clearly within their rights if they were handing out stickers on public property. She said it's less clear whether Coliseum officials could ban stickers but added that any restriction would have to be enforced evenly and be reasonable in a way that's unrelated to content.... I assume from the story that the Richmond Coliseum is government-owned, and if that's so then it's hard to see how it could permissibly ban the wearing of stickers (as it does; the rule seems to have been added at some point in 2009, and Van Cleave says it was "added after the Beck show"). Even distribution of the stickers, like the distribution of leaflets, might well be constitutionally protected even in a nonpublic forum such as a sports arena. But the case for First Amendment protection for the wearing of stickers strikes me as even stronger, even if the no-stickers policy is being enforced evenhandedly. And if it is indeed enforced only against particular messages, then the violation would be especially clear.