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
