On February 13, the 6th circuit issued an opinion in Bays v City of Fairborn, Ohio, 10-4059. The issue was whether the city could turn over one of its public parks to two private organizations for one day, for a Sweet Corn Festival, and then let the festival organizers ban an individual from passing out leaflets, wearing a sign, and attempting to engage in conversation. The city said the First Amendment doesn’t apply because the sponsors of the Sweet Corn Festival (the Fairborn Lions Club and the Fairborn Arts Association) are private entities. But the decision says that the city was enforcing the ban with its own police, and so state action is involved.

The city also argued that the plaintiffs (who wanted to talk about religion) were free to rent a booth, but that argument did not persuade the court. Here is the 14-page opinion.

Joe Mathews, a California journalist, scholar and author, here advocates that Clint Eastwood be the Americans Elect nominee for President.

Four Indiana voters have each filed separate challenges to the validity of Rick Santorum’s Indiana ballot access petition. See this Politico story, which also notes that the Chair of the Indiana Elections Commission is a supporter of Mitt Romney. The Indiana Elections Commission will decide on whether the Santorum petition is valid. County elections officials say he lacks 500 valid signatures in the 7th U.S. House district. Thanks to Bill Van Allen for the link.