LAW 532-001 – Constitutional Law II

Forum


There are four types of forums:

Public Forum

Public forums are basically streets, parks, and sidewalks. Plus property by long tradition devoted to assembly and debate.

Public forums receive intermediate scrutiny for content-neutral regulation and strict scrutiny for content-based regulation and viewpoint-based regulation.

Designated Unlimited Public Forum

Designated unlimited public forums are defined by government fiat.

Designated unlimited public forums receive intermediate scrutiny for content-neutral regulation and strict scrutiny for content-based regulation and viewpoint-based regulation.

Designated Limited Public Forum

Designated limited public forums are nonpublic forums designated for use by the public as a place for speech but limited to certain groups or subjects. Usually they are schools after hours.

Designated limited public forums receive intermediate scrutiny for content-neutral regulation, likely intermediate scrutiny for content-based regulation, and strict scrutiny for viewpoint-based regulation.

Nonpublic Forum

All public property that is not traditionally or designedly open for speech is a nonpublic forum.

Regulation on nonpublic forums is usually tested as to the reasonableness in light of the purposes for which the property is lawfully dedicated with great deference to the regulation. However, if it is view-point based, dicta indicates that strict scrutiny would be used.