Forum Doctrine

a prohibition is facially content based if

a law applies to particular speech because of the topic discussed or the idea of message expressed

designated public forums

gov't property specifically dedicated (intentionally opened) as free speech zone; revocable

content neutral designated public forum test

intermediate scrutiny

content neutral traditional public forum test

intermediate scrutiny

a prohibition is facially content neutral if

it applies to speech regardless of topic discussed or idea or message expressed

when the prohibition is facially content neutral, but adopted because of disagreement with the message the speech conveys

it's content based

when a prohibition is facially content neutral, but can't be justified w/out reference to the content of the regulated speech

it's content based discrimination

when a prohibition is facially content neutral, and can be justified without reference to the content of the regulated speech

it's content neutral

when the prohibition is facially content neutral and not adopted because of disagreement with the message the speech conveys

it's content neutral

can you discriminate based on viewpoint in a limited public forum?

no

does the 1A ban/restrict the government's ability to speak?

no

nonpublic forums

not by tradition or designation a public forum; essentially all other forums outside of traditional/designated public forums; blurry lines with limited public forums

traditional public forum

open free speech zone "from time immemorial"; irrevocable, but not indestructible

traditional public forum examples

parks, streets, sidewalks

Minnesota Voters Alliance v. Mansky

political apparel in a polling place case; even in nonpublic forums, speech prohibitions must articulate some sensible basis for distinguishing what speech is and isn't permitted

limited public forums and nonpublic forums test

reasonable i/l/o purpose of forum, viewpoint neutral (if VB, SS)

limited public forums

reserved for certain groups or topics; blurry lines with nonpublic forums

content based designated public forum test

strict scrutiny

content based traditional public forum test

strict scrutiny

McCraw v. Barnhart

Thai's median case; gov't must show some threat of real harm to meet intermediate scrutiny standard (10 Cir. NOT SUPREME COURT)

limited public forums examples

university classrooms, courtrooms

designated public forums examples

university kiosks, university email

is there a freedom to regulate speech on your own property?

yes, you can kick people out; may extend to social media in some cases

once you create a limited forum

you have to recognize the rules designated to the forum

Knight v. Trump

Trump Twitter case; the president's Twitter profile is considered a designated public forum in the 2nd Circuit

nonpublic forum examples

DMV, airport