FACTOID # 21: The United States has the most money, airports, radios and Internet Service Providers.
 
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Encyclopedia > Forum (legal)

Forum is a United States constitutional law term that describes a government-owned property which is open to public expression and assembly. In the United States, constitutional law generally refers to the provisions of the United States Constitution, as interpreted by the United States Supreme Court. ... A public demonstration Freedom of speech is the concept of being able to speak freely without censorship. ...


Types of forums

Forums are classified as public or nonpublic.

  • A public forum, also called an open forum, is open to all expression that is protected under the First Amendment. Some public forums, such as municipal meeting rooms, have been specifically designated by the government as open to speech, and are known as limited public forums. Others, including streets, parks and sidewalks, are considered open by tradition, and are designated as traditional public forums. The practical difference between the two is that whereas a limited forum can be changed to a nonpublic forum by the government, traditional forums cannot.
  • A nonpublic forum is not specially designated as open to public expression. For example, jails, public schools, and military bases are nonpublic forums (unless declared otherwise by the government).

Even public forums can be restricted as to the permissible type of expression. However, such restriction must be content-based, and cannot be viewpoint-based. Thus, while the government could prohibit speeches related to abortion in a park, it could not permit a pro-life speaker while denying a pro-choice speaker (or vice versa). Also, public forums can be restricted as to the time, place and manner of speech. For example, protesters have the right to march in support of a cause, but not on a public beach during the middle of the day with bullhorns. The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ...


Usage

The United States Supreme Court decision in Hazelwood v. Kuhlmeier relied on the notion of a public forum in determining the degree to which a public school newspaper that has not been determined as such a forum can be protected by the First Amendment. The Court decided that such newspapers are subject to a lower level of First Amendment protection than independent student newspapers established (by policy or practice) as forums for student expression. The Supreme Court of the United States is the highest judicial body in the U.S. and leads the judicial branch of the U.S. federal government. ... Hazelwood School District et al. ... The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ...


References

The Freedom Forum, based in Arlington, Virginia, is a nonpartisan foundation dedicated to free press, free speech and free spirit for all people. ... link title Blacks Law Dictionary, 7th edition Blacks Law Dictionary has traditionally been regarded as the definitive legal dictionary for the law of the United States. ...

See also

  • Time, place or manner restrictions


 

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