NCJ Number
167068
Journal
St. John's Law Review Volume: 70 Issue: 2 Dated: (Spring 1996) Pages: 313-336
Date Published
1996
Length
24 pages
Annotation
Recently, in Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (GLIB), the U.S. Supreme Court held that requiring the organizers of the Boston St. Patrick's Day Parade to include a group importing a message that the organizers did not wish to convey violated the First Amendment right of freedom of speech.
Abstract
The Supreme Court erred by not first inquiring whether the South Boston Allied War Veterans Council, the parade organizer, was a private or state actor prior to holding that the state- mandated inclusion of GLIB violated the Council's First Amendment rights. Had the Council been found to be a public actor, its exclusion of GLIB would have been discriminatory and violative of the U.S. Constitution. Given the Council's apparent close links to the city of Boston, an examination of its status was necessary. This Comment concludes that the Council should not be classified as a state actor; therefore, parade organizers similarly situated to the Council should not be prevented from excluding a group which advocates positions inconsistent with the parade's overall message. As a private entity using the parade to express its own heritage and beliefs, the Council has the constitutional right to frame its expression in the way it chooses; this includes excluding from the parade any organizations that do not support and reflect the parade's intent. 102 footnotes