The same reason they got into the specialty license plate business: revenue.
But if that strikes you as unlikely, then consider buses. Lots of city governments are choosing to forego political ads in the wake of Pamela Gellar’s campaign (and even that might not survive First Amendment challenge). Why can’t they now choose to put their own messaging on the sides of their own buses, but lease part of it for other messages as designed by private interests?
I can think of ways for courts to distinguish the two cases, but the line between them is dim, not bright.
Transit authorities have been turning down customers with offensive messages ever since they’ve sold advertising space on buses.
You can say whatever you want, yes, but you can’t force the rest of us to provide you a forum, even if you’re willing to pay.
Err, no. When they do that, they get sued. Successfully.
Your first link is not an example of them winning a suit. But it does happen. Just very rarely. 90% of these cases the transit agencies lose.
As for opting-out, that was exactly the phenomenon I was talking about in the post you replied to. When they opt-out, they get less revenue. So there’s a big motivation to find a way to do ads, but also be able to control the content.
Strangely, both the majority and the dissent are absolutely correct. That’s why I wish the Court would have went with the hybrid approach discussed earlier.
In a sense it is government speech as it is contained prominently on a mandatory government medium and it bears some semblance of government endorsement. But, OTOH, as Alito pointed out, its absurd to think that the state endorses golfing over working or that it’s official policy is to root for the Sooners instead of UT.
It appears the real CSA flag is included (although it’s somewhat obscured.) That’s the one shown when somebody here uses the “6 flags” theme.
The Confederate Battle Flag is different. It is the one adopted by segregationists & racists. And it’s the one the Sons of Losers want on their plates.
Which they will not get…