FORUMS
This forum includes streets, sidewalks, and parks where speech receives the highest protection.
What is, Traditional Public Forum — strict scrutiny for content-based laws.
A rule bans "all signs about political candidates." Is this content-based or content-neutral?
What is Content-based with strict scrutiny?
Under Spence, what two things must be shown for conduct to be expressive?
1. Intent to convey a message.
2. Message likely to be understood by observers.
List the three elements of a valid content-neutral time, place, manner regulation.
1. Content-neutral
2. Narrowly tailored to a significant interest
3. Leaves ample alternative channels
What makes a law unconstitutionally vague?
What is "When people of ordinary intelligence must guess its meaning, enabling arbitrary enforcement."
This forum is open only for certain groups or topics and must be viewpoint-neutral and reasonable.
What is Limited Public Forum — gov. may restrict based on topic or speaker, must be reasonable + viewpoint-neutral.
A city allows digital signs only for on-premises business but not off-premises. Which case controls and what did the court hold?
What is the City of Austin v. Reagan with its distinction being location-based, not message-based allowing for it to be content-neutral.
Give the three-part O’Brien test for laws regulating non-speech elements.
1. Furthers important/substantial government interest.
2. Interest unrelated to suppressing expression.
3. Burden no greater than essential.
Does Ward require the least restrictive alternative? Explain.
What is No, due to narrow tailoring.
What makes a law facially overbroad?
What is "When it covers a substantial amount of protected speech relative to its legitimate scope."
This forum is created when government intentionally opens property for expressive activity.
What is Designated Public Forum?
A school bans signs "about religion" but allows athletic and club signs. What level of scrutiny is this?
Why did the flag burning statute fail strict scrutiny?
What is Government interest (preserving the flag as a symbol) being related to suppressing the message, so strict scrutiny applied and failed.
City requires performers in a public park to use city sound technicians.
What level of scrutiny applies and why?
What is intermediate scrutiny, with content-neutral TMP regulation.
Why was "annoying conduct" too vague?
What is "Because it gave no objective standard and allowed police to enforce based on personal views."
A city jail bans all flyers or pamphlets inside visitation rooms. Identify the forum type and the applicable test.
What is a Nonpublic forum?
Under reed, does strict scrutiny apply if the motive is benign?
Yes, Reed: Facial content-based restrictions = strict scrutiny regardless of motive.
A man silently kneels during the national anthem at a public park. Apply the Spence test — expressive or not?
What is Yes, with intent to convey message + clear meaning to observers.
City bans all demonstrations in the downtown area but allows them 10 miles away.
Does this satisfy “ample alternative channels”?
What is No, because expression must be allowed where the audience actually is.
An airport bans all "First Amendment activities." Why was it struct down?
What is "The ban was overbroad, and prohibited an entire universe of protected speech."
A university auditorium is open to “student organizations only,” with no topic limits. Identify the forum and what test applies to content-based restrictions inside it?
What is Limited Public Forum?
A rule bans disturbing signs, enforced only against anti-police messages. Is this content-based?
Yes, the viewpoint discrimination is in enforcement.
Describe the line between when we apply O’Brien versus strict scrutiny to conduct that has expressive elements.
1. If Gov't interest is unrelated to the message --> O' Brien
2. If Gov't interest targets the message --> Strict scrutiny.
Explain how a rule appearing content-neutral may still be content-based using Ward + Reed together.
If application or exceptions depend on the topic or message (Reed), or if the regulation is justified by suppressing certain speech (Ward + Reed).
Why did the town's ban on all "live entertainment" fail, and what doctrine applies?
What is "The ban was overbroad, sweeping beyond the city's interest and restricting protected expression."