Traditional public forums include
public parks, sidewalks and areas that have been traditionally open to political speech and debate
. Speakers in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on the speakers’ views.
Is a library a traditional public forum?
A public library is not obligated to provide access to its meeting rooms and other facilities. If a public library chooses to open its meeting rooms, display cases, or literature tables for public use, those facilities are considered a
designated public forum
.
What makes something a public forum?
A public forum, also called an open forum, is
open to all expression that is protected under the First Amendment
. Streets, parks, and sidewalks are considered open to public discourse by tradition and are designated as traditional public forums.
Is a sidewalk a nonpublic forum?
Examples are municipal sidewalks, streets, and parks. Nonpublic forums include
government property that has not traditionally been open to the public
. Examples include schools, prisons, and the inside of government buildings. Few cases deal specifically with journalists’ rights on these types of property.
What is a quintessential public forum?
Public streets, parks, state capitol grounds, and sidewalks
have been held by the Court to be “quintessential” public forums.
What are the three types of public forums?
Traditional, or quintessential,
public forums
; limited, or designated, public forums; and nonpublic forums.
Is the Internet a public forum?
The Supreme Court has recognized that the Internet in general, and social media in particular, has become a critical forum for the expression of protected speech. And the federal courts of appeals have held that the government can create public forums on the Internet.
What is the difference between a traditional public forum and a designated public forum?
The main difference between traditional and limited public forum, for First Amendment purposes, is
that the government, in dedicating the forum for expressive purposes–
that is, in defining the forum–may adopt reasonable limitations on who may use the forum.
What type of forum is a library?
Public libraries are classified as
“limited public forums
,” which essentially recognizes that libraries have the ability to “regulate” speech and speech-related activities occurring on their property as long as the restrictions are both reasonable in nature and viewpoint neutral.
Is a school newspaper a public forum?
Can a public school official legally censor a school-sponsored publication, like a newspaper or yearbook? It depends. … However,
most school newspapers are not public forums
, and because of a 1988 Supreme Court decision, school officials generally have broad leeway to censor school-sponsored publications.
Is a post office a public forum?
A federal district court upheld the convictions, reasoning that the postal sidewalk was a nonpublic forum and that the solicitation ban was reasonable. … The panel majority determined that a postal sidewalk is
a traditional public forum
and discounted the government’s interests in the solicitation ban.
What is a private forum?
A private forum is
one which is only available to registered members, or to only a certain class of users
(or ‘members’). A private-side web site is when a section of a web site is only accessible to a certain class of users.
What is a legal forum?
A forum is
a public place
, especially one devoted to debate or public speech; a place of speech. Forum may also refer to the jurisdiction and court or other tribunal in which a dispute is heard.
What are some examples of public forum?
Traditional public forums include
public parks, sidewalks and areas that have been traditionally open to political speech and debate
. Speakers in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on the speakers’ views.
What falls under intermediate scrutiny?
Intermediate scrutiny is
a test courts will use to determine a statute’s constitutionality
. … To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
Can the government close a public forum?
The Supreme Court has never decided the issue of when the government may close a designated public forum altogether
. … Some courts have held or otherwise stated that the government may not close a designated or traditional public forum for a viewpoint-discriminatory purpose.
