I agree that there would be a better chance for this line of reasoning if Manhattan Community Access had gone the other way in the latest SCOTUS term. But it was 5-4, and the decision does leave open some lines of attack.
In particular, Congressional action around this might probably be able to pass judicial review if it were to define broad due process rights around speech censorship for explicitly defined "public forums." The only thing that SCOTUS loves more than the 1st amendment is the 14th.
In particular, Congressional action around this might probably be able to pass judicial review if it were to define broad due process rights around speech censorship for explicitly defined "public forums." The only thing that SCOTUS loves more than the 1st amendment is the 14th.
No way to know until we fight it out.