Public Forums Flashcards
Types
Traditional, Designated, Commandeered
Traditional Public Forum Rule
Speakers have presumptive right to access to traditional forums for speech. Subject to strict scrutiny.
Traditional Public Forum subject to:
TPM
Content based
Must be narrowly tailored
Designated public forum
Property which the state has opened for expressive activity by part of all of the public.
Types of designated public forum
- Open
2. Limited
Designated-Open Forum
- Same rules as the traditional public forum
- Govt can come in and change it at any time
- Strict scrutiny-has to be content neutral
Designated-Limited Forum
Govt can introduce publically drawn TPM restriction
Commandeered Public Forum
- Speaker goes on prop and it’s not traditionally public forum, and not designated.
- Govt has authority to say time, place and manner restrictions
- This is the creation of a new forum, the court may not recognize
Traditional Public Forum is
property which has traditionally been held in trust for the use of the public and have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.