12. First Amendment - III. Places for Speech Flashcards Preview

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Flashcards in 12. First Amendment - III. Places for Speech Deck (13)
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1

What is a public forum?

Government property that the government is constitutionally required to make available for speech, e.g. sidewalk/park

2

What is required of speech regulations in public forums?

They must be content neutral

3

Even if neutral, can a regulation ban speech outright in a public forum?

No, it must be narrowly tailored timeplace, or manner regulation that serves an important government purpose

4

When government regulates speech in a public forum, what must they make available?

Adequate alternative places for communication

5

Regarding issuing permits for speech, what must a regulation never do?

Give a public official discretion over what speech to allow

6

What is the status of a regulation which gives public official discretion in issuing permits for speech?

It is void on its face

7

What is a designated public forum?

Government property that the government could close to speech, e.g. school, but chooses to open to speech

8

What rules apply to designated public forums?

The same as apply to public forums

9

What is a limited public forum?

Government properties that are limited to certain groups or dedicated to discussion of only some subjects

10

What rules apply to limited public forums?

Regulation is okay as long as it is reasonable and viewpoint neutral, e.g. allowing commercial but not political ads on buses

11

What is a non-public forum?

Government properties that the government can and does close to speech

12

What are four examples of non-public forums?

1. Sidewalks on post office property**

2. Airports

3. Areas outside prisons

4. Military bases

13

Is there a FA right to access private property for speech?

No, e.g. private shopping centres**