Public Forum/ Speech in Schools/ Public Employee Speech

Question 1

What is a public forum?

Answer 1

a place “time out of mind” reserved for speech

Question 2

Ex of public forum?

Answer 2

sidewalks, the peoples park

Question 3

Public forum Test

Answer 3

1) the regulation must be CONTENT- NEUTRAL
(that is a reasonable time, place, or manner regulation)

2) the regulation must be NARROWLY TAILORED
- but not necessarily the least restrictive way

3) to achieve an IMPORTANT GOVERNMENT INTERESTS
4) and leave open ample ALTERNATIVE channels for communication

Question 4

Designated Public Forum

Answer 4

A place designated by the government for free speech

- Same test as PUBLIC FORUM

Question 5

Limited Public Forum

Answer 5

a non- public forum that government opens for limited speech

Question 6

Limited Public Forum

Answer 6

A non- public forum that the government opens for limited public speech

Question 7

Limited Public Forum

Answer 7

The government regulation must be REASONABLE and VIEW POINT NEUTRAL

• reasonable means almost anything

Question 8

Ex of limited public forum

Answer 8

School opens up for certain topic (ex politics_

• Can decline groups for not wanting to talk about politics but cannot discriminate against democrats and leave it open for republicans

Question 9

Non Public Forum

Answer 9

a government site that is not open to free speech

Question 10

Non Public Forum

Answer 10

The government may prohibit all free speech, but if it allows SOME speech, use same test as Limited Public Forum

• or if it allows ALL speech, use same test as designated public forum

Question 11

Examples of non public forum

Answer 11

prisons, military bases

Question 12

Tinkler Test for school

Answer 12

Whether there is no finding and no showing that engaging in the forbidden conduct would MATERIALLY AND SUBSTANTIALLY INTERFERE with the requirements of appropriate discipline in the operation of the school, the prohibition cannot be sustained.

Question 13

Bong hits for jesus speech in school

Answer 13

Anything that might disrupt the government interest (to not dirupt the class)

-

Question 14

Overall law for speech in school

Answer 14

School authorities have a greater authority to suppress or discipline that is likely to disrupt the education in school

Question 15

Speech rights for government employees Test

Answer 15

Whether the employee spoke as a citizen on a matter for public concern

• If NO, then the employee has no 1st amendment action based on employers reaction to the speech
• If YES, then possibility of a 1st amendment claim arises