1st Amendment - Places Available for Speech

Question 1

Define public forum.

Answer 1

government properties that government is constitutionally required to make available for speech.

classic example: public park

Question 2

In a public forum, the regulations are subject to strict scrutiny unless …

Answer 2

They are both subject matter and viewpoint neutral.

Question 3

In a public forum, can the government place time, place and manner restrictions on speech?

Answer 3

Yes - so long as the restrictions serve an important government purpose and leave open adequate alternative places for communication.

Question 4

Must government regulation of speech in a public forum be the least restrictive alternative?

Answer 4

No.

E.g. in a public park, govt can require the use of state-owned/operated equipment for a concert.

Question 5

What is the constitutional status of permit fees for parades or demonstrations?

Answer 5

Constitutional only if the government officials have no discretion in setting the amount of the fee (i.e. it’s a flat, standard fee that can’t be raised/lowered by an official)

Question 6

Define designated public forum.

Answer 6

government properties where the government can close off speech, but voluntarily opens the property for speech.

The same rules will apply as for public forums.

Question 7

Define limited public forum.

Answer 7

Government properties that are limited to certain groups for discussing certain subjects.

Question 8

Can government regulate speech in a limited public forum?

Answer 8

Yes, so long as the regulation is reasonable and viewpoint neutral.

Note: doesn’t have to be content neutral.

Question 9

Can a public university allow student groups to use their facilities only if the group is open to all students?

Answer 9

Yes. The school has created a limited public forum (opening only to student groups). The regulation is viewpoint neutral, and its purpose is to encourage school tolerance (and the rule is reasonably related to that).

Question 10

Define nonpublic forum.

Answer 10

Government properties the government can and has closed off to speech.

Question 11

What are the 5 classic examples of non-public forums?

Answer 11

1. military bases
2. areas outside prisons and jails
3. public property (e.g. can say no signs on fire hydrants!)
4. sidewalks outside government buildings (e.g. post office, courthouses)
5. airports
   (can prevent solicitation but not distribution of literature)

Question 12

Do people have a First Amendment right to access private property for speech?

Answer 12

No

this includes shopping malls!