a) Content based? Then strict scrutiny
b) Content neutral:
i) public forums:
(a) two types:
(b) true public forum (I)
(i) these are public forums by custom & tradition, not b/c of any gov’t policy; streets, sidewalks and parks
(c) designated public forum (II)
(i) places gov’t has decided to open up to the public (a broad range of ppl)
(ii) these follow same rules, except the gov’t can change its mind
ii) non public forum (III)
(1) regulation must be
(2) rationally related to
(3) some legitimate gov’t objective
(4) leaves open alternative channels
(5) you can ban expression on a topic if passes mere rationality, but can’t forbid certain viewpoints! (Krishna v. Lee)
c) pure public forums
i) def: public facilities or institutions created for the primary purpose of public communications (streets sidewalks and parks)
ii) gated communities:
(1) public forums includes private residential gated communities
(2) as long as you don’t target one house (jj call b/c home is last citadel of privacy); b/c picketing whole street is ample alternative channel
iii) can be created by dedication, but if so, they can be “un-dedicated”
iv) you have a C’al right to access pure public forums
(1) content based? Track one; content neutral (TPM)?
(a) Substantial govt interest
(b) Narrowly tailored: eliminates no more than the exact source of the evil it seeks to remedy (is this the test for all narrow tailoring or just for pure public forums???)
(c) Alternative channels
d) limited public forums (semi-public forums) isn’t this the same test as pure?
i) Not created for public interchange, but purposes clearly related to expression (schools, libraries, fair grounds)
ii) Test: the gov’t can preserve the tranquility that the forum’s central purpose requires
(1) Content based? Track one; content neutral (TPM)?
(a) Substantial gov’t interest
e) non public forums (governmental institutions)
i) def: doing the people’s bsns, but not performing speech related fx’s at all
ii) ex. hospitals, jails, military bases, welfare dept, gov’t offices, airport, SCt.
iii) test: regulation must be rzbl, but can be content based! as long as rzbl (can’t be restricted unless it interferes with normal activities in the office)
(1) IF you’re allowed to speak, they can’t restrict your viewpoints (but they can make entire subj. off-limits). Lamb’s Chapel
(2) Access to non-public forums can be content based as long as rzbl.
(3) But must be viewpoint neutral: if you allow speech on that topic, you must allow speech on all POV’s re: that topic.
iv) note: there are also private places – Wal-mart, tv public access (no rt. to be there)
f) identifying content based v. content neutral limits on speech in public forums:
i) if the gov’t charges a permit fee => okay, but if they charge different permit fees depending upon the type of speech (or listener’s reaction to speech) => content based Forsyth Cty.
ii) If we open up gov’t water plant for a recycle day, can we keep out PETA? Yes, if rzbl b/c we haven’t converted the plant to a public forum by opening for one day for recycling; this isn’t about speech; no one is expressing views.
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