R. A. V. v. St. Paul, 505 U.S. 377, 54 (1992)

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430

R. A. V. v. ST. PAUL

Stevens, J., concurring in judgment

Widmar v. Vincent, 454 U. S. 263, 277-280 (1981) (Stevens, J., concurring in judgment), or a secondary school environment, see Hazelwood School Dist. v. Kuhlmeier, 484 U. S. 260 (1988), influences our First Amendment analysis. The same is true of the presence of a " 'captive audience[, one] there as a matter of necessity, not of choice.' " Lehman v. Shaker Heights, 418 U. S., at 302 (citation omitted).6 Perhaps the most familiar embodiment of the relevance of context is our "fora" jurisprudence, differentiating the levels of protection afforded speech in different locations.

The nature of a contested restriction of speech also informs our evaluation of its constitutionality. Thus, for example, "[a]ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity." Bantam Books, Inc. v. Sullivan, 372 U. S. 58, 70 (1963). More particularly to the matter of content-based regulations, we have implicitly distinguished between restrictions on expression based on subject matter and restrictions based on viewpoint, indicating that the latter are particularly pernicious. "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Texas v. Johnson, 491 U. S., at 414. "Viewpoint discrimination is censorship in its purest form," Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 62 (1983) (Brennan, J., dissenting), and requires particular scrutiny, in part because such regulation often indicates a legislative effort to skew public debate on an issue, see, e. g., Schacht v. United States, 398 U. S. 58, 63 (1970). "Especially where . . . the legislature's suppression of speech suggests an attempt

6 Cf. In re Chase, 468 F. 2d 128, 139-140 (CA7 1972) (Stevens, J., dissenting) (arguing that defendant who, for reasons of religious belief, refused to rise and stand as the trial judge entered the courtroom was not subject to contempt proceedings because he was not present in the courtroom "as a matter of choice").

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