Constitutional Law - FIRST AMENDMENT (part II) - Speech Forums

Question 1

What are the classifications for TYPES OF PLACES AVAILABLE FOR SPEECH?

Answer 1

(1) Public Forums
(2) Designated Public Forums
(3) Limited Public Forums
(4) Non-Public Forums
(5) Private Property

Question 2

PUBLIC FORUMS

Answer 2

PUBLIC FORUMS are government properties that the government is constitutionally REQUIRED to make available for speech (e.g. streets, sidewalks and public parks)

STRICT SCRUTINY applies to regulation of speech in PUBLIC FORUMS —must be a TIME, PLACE or MANNER restriction that is:

(i) Regulations must be CONTENT NEUTRAL (Subject Matter and Viewpoint Neutral)
(ii) Must be NARROWLY TAILORED to serve a IMPORTANT government interest
- —– BUT need NOT be the least restrictive means of accomplishing the goal
(iii) Must leave open ALTERNATIVE CHANNELS of communication

Permit fee requirements for parades or demonstrations are unconstitutional if city officials have DISCRETION in setting the amount of the fee

Question 3

DESIGNATED PUBLIC FORUMS

Answer 3

DESIGNATED PUBLIC FORUMS are govt properties that the govt could close off to speech, but chooses voluntarily to open speech. (e.g. school rooms open after school for use by social and recreational groups)

SAME RULES apply as for PUBLIC FORUMS
regulation must be time place or manner restriction that is:

(i) Content Neutral
(ii) Narrowly Tailored to Important Govt interest (but here, need not be LEAST restrictive alternative)
(iii) leave open Alternative Channels of communication
e. g. govt may open up school rooms but may not decide who gets to use them, if decide to open, its open

Question 4

LIMITED PUBLIC FORUMS

Answer 4

LIMITED PUBLIC FORUMS are properties that are limited to certain groups or dedicated to the discussion of only SOME subjects.

TEST: Government can regulate speech in limited public forums so long as the regulation is:

(i) VIEWPOINT NEUTRAL (need not be content-neutral); and
(ii) Reasonably related to a legitimate govt interest

–e.g. opening up civic auditorium for mayoral debate - opened for limited purpose - this is a content-based restriction in that it is not opening up debate to every subject out there, limited purpose

Question 5

NON-PUBLIC FORUMS

Answer 5

NON-PUBLIC FORUMS are government properties that the government constitutionally can and does close off to speech

Govt can regulate speech in Non-Public Forums so long as the regulation is REASONABLE

• ie is
  (i) Viewpoint neutral and
  (ii) Rationally Related to a legitimate government interest and

Examples

(1) Military Bases
(2) Areas outside prisons and Jails
(3) Schools
- -Note: a public law school that officially recognized and funded student groups from activity fees could require that the groups accepted ALL students regardless of their “status or beliefs” because it is VIEWPOINT NEUTRAL, reasonably related to school purposes, such as “encouraging tolerance”

(4) Signs on Public Property - ct has said you can’t post signs on public property - these are non-public forums
(5) Sidewalks* outside post offices are NonPublic Forums even though sidewalks in general ARE public forums
(6) Airports- can prohibit solicitation of money BUT cannot prohibit the distribution of literature in airports, despite the fact that it is a nonpublic forum

Question 6

PRIVATE PROPERTY

Answer 6

PRIVATE PROPERTY - there is NO FIRST AMENDMENT RIGHT to access PRIVATE PROPERTY for speech purposes
–e.g. shopping center - privately owned, so no speech rights at a shopping center