Public Forums

In forums other than a traditional public forum, the government must justify content-based restrictions on a continuum from ______ to ______, and the restrictions must be _____-neutral.

intermediate (or sufficiently important) to strict content

Why is radio and TV regulated?

It is a limited resource and open to all, therefore it is regulated but otherwise that would violate the first amendment.

Why does the government censor its speech in government forums?

It is easier for the government to justify speech restrictions on its own property — but it still must offer some justification.

The government couldn't restrict a city park to only speech by ISU students. Why can this public university do that in its student organizations program? (What kind of forum is this?)

Limited forum University can do this because they don't want random people

City Council v. Taxpayers for Vincent

Ordinance restricting signs does not violate first amendment speech (time, place and manner restriction)

What is a traditional public forum?

-Anyone is allowed to speak -Public debate or forum -Government property (parks, streets and sidewalks)

Kincaid v. Gibson

-Deals with freedom of expression -Hazelwood case could not be applied to college media -Students in charge of newspaper ended up winning by settling out of court 7 years later

Morse v. Frederick

-First amendment does not prevent educators from suppressing student speech that is viewed as promoting illegal drug use

The government can impose content-neutral time, place, and manner restrictions on speech in a traditional public forum (if they can survive intermediate scrutiny). What standard must it meet to go beyond that?

-If the government wants to impose more restrictions it must prove it has a compelling interest to do so

What kind of forum is the public comment period before a local-government meeting? How is such a forum created?

-Limited or designated forum -Government creates such a forum for all -Has to viewpoint neutral otherwise government has to give reason why they're restricting speech

Clark v. Community for Creative Non-Violence

-Park service denied group right to sleep outside in protest -Regulation did not violate First Amendment (time, place and manner restriction)

When did "tradition" of its use for public speech begin?

-Since law began -"The beginning of time"