1st Amendment - Regulation of Time, Place, and Manner Flashcards
Traditional Public Forums
Historically associated with expression, such as sidewalks, streets, and parks
Strict Scrutiny
Designated Public Forums
A designated public forum is one that has not historically been used for speech-related activities, but which the government has opened for such use
Strict Scrutiny
The practical difference between the two is that the government can change a designated forum to a nonpublic forum, but it cannot do the same with a traditional forum.
Generally, in either type of public forum, the government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions:
i) Are content-neutral as to both subject matter and viewpoint
ii) Are narrowly tailored to serve a significant governmental interest; and
iii) Leave open ample alternative channels for communication of the information.
Nonpublic Forums
A nonpublic forum is essentially all public property that is not a traditional or designated public forum.
The state need not allow persons to engage in every type of speech, and may reserve the forum for certain groups or for the discussion of certain topics.
Examples include government offices, jails, military bases, airport terminals, and polling places.
The government may regulate speech-related activities in nonpublic forums as long as the regulation is:
(i) viewpoint-neutral and
(ii) reasonably related to a legitimate governmental interest.
Viewpoint Neutral
The regulation need not be content-neutral, but it must be viewpoint-neutral. In other words, the government may prohibit speech on certain issues altogether, but it may not allow only one side of an issue to be presented.
For example, while a restriction on all public speeches in airports related to firearms regulation would likely be upheld, a restriction only on pro-NRA speeches would not.
