The Department of Veterans Affairs was fair in its denial of a Democratic group's attempt to register voters at one of its buildings, the 9th Circuit ruled.
Judge Graber found that the district court erred when it ruled Steven Preminger and the Santa Clara County Democratic Committee lacked standing to bring the lawsuit.
However, the VA prevailed, because the Democrats failed to prove that the VA had violated their First Amendment rights.
A nurse at the VA's Menlo Park nursing home called the VA police after one of the Democrats showed up for the voting drive wearing a John Kerry button.
Since the nursing home building is not a public forum, the VA is allowed to make a "reasonable" restriction on free speech, in this case a prohibition of "partisan activities."
Judge Graber found that the district court erred when it ruled Steven Preminger and the Santa Clara County Democratic Committee lacked standing to bring the lawsuit.
However, the VA prevailed, because the Democrats failed to prove that the VA had violated their First Amendment rights.
A nurse at the VA's Menlo Park nursing home called the VA police after one of the Democrats showed up for the voting drive wearing a John Kerry button.
Since the nursing home building is not a public forum, the VA is allowed to make a "reasonable" restriction on free speech, in this case a prohibition of "partisan activities."