Freedom of Expression and Association - Regulation of Time, Place, and Manner of Expression

Question 1

Regulation

Answer 1

The government’s ability to regulate speech varies with the forum in which the speech takes place.

Question 2

Three Categories of Forums

Answer 2

traditional public forums, designated public forums, and nonpublic forums

Question 3

Traditional Public Forums

Answer 3

historically associated with expression (sidewalks, streets, parks)

Question 4

Designated Public Forums

Answer 4

not historically used for speech-related activities, but which the gov’t has opened for such use (civic auditoriums, publicly owned theaters, or school classrooms afterhours)

Question 5

In either forum, the restrictions generally must:

Answer 5

• be content neutral as to both subject matter and viewpoint
• be narrowly tailored to serve a significant government interest and
• leave open ample alternative channels for communication of the information

Question 6

If Not Content Neutral:

Answer 6

subject to strict scrutiny

Question 7

Nonpublic Forum

Answer 7

all property that is not a traditional or designated public forum

gov’t may regulate speech-related activities in nonpublic forums as long as the regulation is (1) viewpoint neutral and (2) reasonable related to a legitimate gov’t interest