The Portland Public School board voted 7-0 last night to adopt Resolution No. 4503, “Providing Equal Access To Military Counter-Recruiters in High Schools.
I spoke in the public comment portion and caused them some heartburn. They had to ask their legal counsel a number of questions re: the points I had raised about the unconstitutionality of their resolution, which creates a limited public form but limits access thereto solely to “counter-recruiters.” That, I argue, is unconstitutional view point discrimination in which the government allows speech based upon content, i.e., views with which the government agrees.
I also raised the further First Amendment problem created by the question of who decides which persons or organizations which share the same viewpoint get selected. I warned that, based on my experience, they will be sued by those who are not allowed access to the forum, and they will spend tens of thousands of dollars defending that policy, and tens of thousands more when they lose, which they will, as the Supreme Court decisions are clear the view point discrimination and content restrictions are unconstitutional.
A woman spoke before me, and denounced them. She said that when she read the front page of the Oregonian and she felt what she read was a “slap in the face.” She explained that her son had just joined the Marines, and the Marine recruiters responded to all the families questions and were extremely helpful.
When I spoke, I said, first, that I would speak as a lawyer, and as a veteran. As a veteran, I feel that their resolution is an insult to everyone who has served, is serving, or will serve. The last thing I did was to thank that women, and her Marine son, for their defense of the country.
While KPTV identified Rees only as a Veteran, Rees Lloyd is a Civil Rights Attorney, Veterans Activist and active in the Riverside, California Post of the America Legion
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