It seems clear that Texas cannot constitutionally forbid the display of the Confederate flag on a license plate because others might find it "offensive or disagreeable." But it is not so simple. Is the government discriminating among private speakers, or is it expressing only the messages it wishes to convey?
Schools all across the country not only fall short on promises of free expression and academic freedom but openly suppress constitutionally protected speech on campus by using tools such as speech codes to shut down forms of expression that might be uncomfortable, disagreeable, or even offensive to some members of the campus community.
As we witness yet again the brutal and bloody consequences of religious intolerance in the form of ISIS, we have a majority of Republicans pining for a Christian America. Proponents of converting the United States into a theocracy do not see the terrible parallel between religious excess in the Middle East and here at home.
After the murderous attacks in Paris and Copenhagen, one might wonder whether a newspaper that published the Charlie Hebdo cartoons of the Prophet Mohammad in the United States would be protected by the First Amendment. The government might make two primary arguments in support of a law prohibiting the publication of the cartoons.