Discuss the role of public forums with regard to free speech. Be sure to define the different categories of forums and explain why they exist.

Question

What will be an ideal response?

Answer 1

The concept of public forums recognizes two fundamental concepts. First, the important freedoms of speech and press protected for the people by the First Amendment cannot be exercised unless people have the means and the opportunity to exchange ideas. Second, government property is, at least in part, held by government for use by the public. When these two concepts are combined, it becomes clear that public property, in some instances, provides the obvious, natural, and essential location for citizens to express and exchange ideas and to exercise their core freedom of expression rights. However, not all government property is equally accessible to the citizenry because some government functions (e.g., prisons, nuclear power sites, etc.) are undermined by public access, or public access may endanger public health and safety. Recognizing this, the Supreme Court has established three categories of forums: traditional public forums, designated public forums, and nonpublic forums. Where government property has, through history, tradition, or practice, been devoted to public assembly and expression, the location becomes a traditional public forum in which government may regulate the time, place, and manner of public use but may not exclude certain speakers or types of speech based on content. Designated public forums exist when free expression sometimes is compatible with the primary function of a government facility (such as public schools, universities, or meeting rooms in city halls). Thus, when university classrooms are empty, the university may designate them for use by the public. During those designated times, the university may control use of the rooms only to the extent it could regulate a traditional public forum. Nonpublic forums exist where public expression is incompatible with the primary function of government property. Citizens have no right to assemble in nonpublic forums.