AMERICAN CONSTITUTIONAL LAW
The State of Indiana decides to raise revenue by selling advertising space on all of its state government Web pages. There are several dozen Web pages on the State site, one for each of the different departments and offices. At the top of each of page are the words ″State of Indiana″; next to those words are the official Seal of Indiana, and the State Motto, ″Crossroads of America.″ Underneath the name and motto is the name of the particular department or office to which the particular Web page pertains. The new advertising plan calls for a block of space to be placed immediately below the name of the department or office on each web page. This block can be purchased for a certain period of time, either to display constantly or for a certain percentage of the day, and would appear on all government pages during these times. Thus, for example, a French restaurant could pay to have the name of its restaurant and some advertising text appear on all government web pages for 15 minutes per hour, for a period of six months. Under this plan, advertisers must submit their text to the State Web Services Director for approval. The advertising plan is implemented, and for two years, the State earns a respectable amount of revenue from the Web advertising it sells. Forty-two different advertisers, ranging from car dealerships, self-help organizations, and online retailers to law firms and charities purchase time on the space. During that entire two-year period, the Web Services Director turns down only one advertisement, because it contains obscene language. (The prospective advertiser makes no legal challenge to this decision, so there is never any ruling concerning its legality.) During the third year of this program, the American Nazi Party submits an advertisement to the State Web Services Director. This advertisement simply says, ″Join the American Nazi Party! We′re good for America,″ and includes a link to the Party′s web site and their phone number. The Web Services Director turns down the advertisement, based on its content. The American Nazi Party now sues the State of Indiana, arguing that the denial of its Web advertisement violates the First Amendment of the Constitution, and seeks an injunction ordering the State to permit its ad. Using the cases of Good News Club v. Milford Central School District (2001) and Walker v. Texas Sons of Confederate Veterans (2015), discuss how the court should rule in this case. (Although you should choose one side to win and explain why that side wins, make sure that you point out what the other side′s strongest arguments should be, and also why you think those arguments will lose.)