CONSTITUTIONAL LAW
W.B. Fisch, Fall 2006
Assignment #43

2. The Non-Traditional Forum -- Speech Activities in Public Property Other Than Parks and Streets

  • ADDERLEY v. FLORIDA, p. 13485 (1966)
    • is a jail a public forum?
    • is it a seat of government, a place for petition for redress of grievances? Douglas
      • compare Edwards v. South Carolina (1965), on demonstrations at the state capitol
      • compare Cox v. Louisiana (1965), on demonstrations in the traditional public forum near the courthouse
  • Widmar v. Vincent (1981) (no reading assigned): university allows use of its buildings for most extracurricular activities within the university community, but specifically excludes religious worship. Under the free speech clause, what standard of review applies?
    • is the university a "traditional public forum"?
    • if not, does strict scrutiny apply anyway, given its policy toward extracurricular activities?
  • Heffron v. ISKCON, cited p. 1487 (1981): regulation required all solicitation of funds and distributing of literature at the state fair to be done in designated booths, not in passageways
    • is the regulation "content-based"?
    • is a state fair a "public forum"?
    • if so, does the regulation at issue survive strict scrutiny?
    • if not a public forum, what standard applies?
  • ISKCON v. LEE, p 1487 (1992)
    • note 3-tiered "forum-based" classification scheme for publicly-owned property, p. 1489
    • is the regulation "content-neutral"?
    • is an airport a public forum?
      • Rehnquist, O'Connor (White, Scalia, Thomas): no
      • Kennedy, Souter (Stevens, Blackmun): yes
      • are there clear criteria for resolving this issue?
    • if not, what standard of review applies? does the particular regulation meet it?
    • if so, what standard of review applies? does the particular regulation meet it?
  • Lee v. ISKCON, p. 1495 (1992): how does leafletting differ from solicitation of funds?
  • ARKANSAS EDUCATIONAL TELEVISION COMMISSION V. FORBES, p. 1496
    • Is a state-owned TV station a “public forum”?
    • Is the regulation in this case viewpoint-based?  If so, is it valid?
    • Is the regulation content-based?  If so, is it valid?