Abstract

The U.S. military provides assistance to filmmakers in the form of use of military sites, equipment and personnel, which can provide significant cost savings to filmmakers. The military, however, routinely denies this assistance to filmmakers whose productions portray the military in a way it considers objectionable, actions that constitute viewpoint discrimination by the government. While this may seem to be an unconstitutional violation of First Amendment rights, application of forum law and the unconstitutional conditions doctrine lead to the conclusion that the military's viewpoint discrimination is permissible and does not violate the First Amendment.

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