Different Forums Flashcards
1
Q
4 types of Forums
A
- Traditional Public Forums
- Designated Public Forums
- Limited Public Forum
- Non Public Forum
- Private Property.
2
Q
- Traditional Public Forum (Side walk, park)
A
A. Government property that the government must make available for constitutionally protected speech.
B. If government wants to regulate speech in a Public Forum:
strict scrutiny if content based and intermediate if time, manner or place restrictriction.
3
Q
- Designated Public Forums (Ex. University)
A
- Government choses to open that forum to all speech but does not have to.
B. If government wants to regulate speech in a Public Forum:
strict scrutiny if content based and intermediate if time, manner or place restrictriction.
4
Q
- Limited Public Forum
A
- Government’s choice to limit speech (Government does not need to allow all person to speak there or allow speech on every subject)
- Thus the government restriction must be “Reasonable given the forum’s purpose and allows it to discriminate on the basis of subject but NOT on viewpoint”
5
Q
- Non-Public Forum
A
Government may restrict, ban or limit speech as loon as it is viewpoint neutral and reasonable
6
Q
Private Property
A
No 1st amendment right
Private business, areas can regulate speech how they want but cannot discriminate.