Time Place and Manner Restrictions on Speech Flashcards
What are the three types of government forums?
Traditional public forum, limited public forum, and non public forum
What is a traditional public forum?
Traditional public forums are places that have traditionally been used for public speech. (sidewalks, parks)
What is a limited public forum?
Limited public forums are nontraditional forums that the government has designated as public forum for specific or limited purposes. (example: schools)
What is a non-public forum?
A non-public forum is government owned property that is not a traditional public forum or limited public forum. (prisons or a state officials office)
What are the rules regarding the regulation of speech in a traditional public forum?
The regulation of speech in a traditional public forum is subject to the typical rules of free speech analysis: strict scrutiny for content-based regulation and intermediate scrutiny for content neutral regulation.
What are the rules regarding the regulation of speech in a limited public forum?
The regulation of speech in a limited public forum is subject to the typical rules of free speech analysis: strict scrutiny for content-based regulation and intermediate scrutiny
for content-neutral regulation.
However, the government may restrict or completely
prohibit access to limited public forums by allowing the limited forum to be used
only for its intended purposes. However, any selective restriction of access must be
viewpoint neutral.
What are the rules regarding the regulation of speech in a Non-public forum?
The regulation of speech in a nonpublic forum need only be reasonably related to a
legitimate government interest. Moreover, the government may completely prohibit
access to nonpublic forums. However, any selective restriction of access must be
viewpoint neutral.
(rational basis)