Pg 39 Flashcards
Are people allowed to publish anonymously?
Yes, but there are limited disclosure requirements for lobbyists because they have direct access to elected officials, so if they don’t disclose, there could be corruption
How can people use federal work places?
This exists to accomplish the business of the employer (Fed gov), so the government has discretion and control over the management of its personnel and internal affairs as well as a right to exercise control over the federal workplace to avoid interruptions to work. This means the federal government as an employer can forbid access to the workplace. The government can allow selective access without any intent to make it a public form
Is the central terminus of an airport considered to be a public traditional form?
No. This is not open for first amendment activities. State and airports are like privately owned ones because they are commercial establishments that are funded by user fees and meant to make a profit. That purpose could be frustrated if the airport had to provide for the free exchange of ideas. It is OK to prohibit solicitation of funds in airports because it would slow down traffic, and increase the risks of duress or fraud. While the central terminus of the airport can be regulated, the government cannot ban distributing literature in airport terminals
What is another name for a designated public forum?
A limited public forum
What is a designated public forum?
Property that at designated times or reasons is open for public discourse and free expression activities of some kind. This is property that is not traditionally open to public discourse, but the government has chosen to open it to discourse for a time
What are some examples of designated or limited public forums?
- Bulletin boards at universities for the public to communicate with students: these are there to allow expression, but only some speech activities which is the communication with students at the University
– Public school classrooms being used at night: the government can choose to keep the spaces closed and not give the public any access to them, or they can allow the public to use them and can close them anytime they want if it isn’t in a way that discriminates based on content. The property doesn’t have to be kept open indefinitely, but as long as it is open, the government is bound by the same standards as a traditional public forum
Can the government discriminate in a designated public forum based on content?
Yes, if the speech is in a prohibited category, or if the regulation is narrowly tailored to promote a compelling government interest
If a state university opens classrooms for student groups, can they stop a group from using those classrooms for religious worship?
No. If they open it at all, then they have to open it to anyone
If the government wants to limit an activity in a limited public forum, what standard applies?
Strict scrutiny
What category gets special treatment under the designated public forum?
Schools. Students still have first amendment rights while they’re at school, but those can be significantly regulated. Schools control the curriculum, the content of school newspapers, etc. as long as there’s a reasonable pedagogical basis for the control
What is a non-public forum?
These are not open to free speech activities because they either used to be designated and are now closed or they were never open to the public
What are some examples of non-public forums?
Military bases, jails, government warehouses, office buildings, airports, fire stations, public school classroom when class is happening, ads on city buses, post office sidewalks, etc
What is the government regulation that is permitted in a non-public forum?
The government can regulate TPM and content control
What is the standard that is applied when the government regulates non-public forums?
The government can use content neutral TPM regulations, or speech from a prohibited category, or speech that is narrowly tailored to a compelling interest. If the regulation is reasonable in light of the users and purposes of the forum, and viewpoint neutral, it is OK
Can the city forbid anyone from posting things on the city light posts?
Yes, because this is not a government property that is traditionally designated for public communication, so the city can forbid putting signs on these
