Also known as: public forums
Written by attorneys · grounded in primary & secondary sources — see below
A type of government-owned property that has traditionally been open to public discourse for the expression of ideas and the exchange of views. The government may impose content-neutral time, place, or manner restrictions that are narrowly tailored to serve a significant governmental interest and leave open ample alternative channels of communication.
Philip Powell stands on a public sidewalk 300 feet from a foreign embassy holding a sign that criticizes the embassy's home government. City police cite him under an ordinance that prohibits only signs critical of foreign governments within 500 feet of embassies. The ordinance is enforced against Powell while signs praising the same government remain undisturbed.
Paula Pierce burns a cross on a public street corner to express racial hatred. City police arrest her under an ordinance that bans only cross burning and similar symbols when they convey messages of racial or religious animus. The same ordinance leaves untouched other fighting words or symbols expressing different viewpoints on the same public street.
Select any source to read its text and confirm it supports the definition.
Pamela Phillips, a student editor, submits a religious newspaper for reimbursement from a public university's student activity fund. The university denies funding solely because the paper advances a religious viewpoint while reimbursing secular student publications on the same campus. The university had opened the fund to a wide range of student groups for expressive purposes.
Penelope Price and fellow protesters stand on a public sidewalk 1,000 feet from a funeral service holding signs about military policy. Police order them to disperse under a local rule restricting all picketing near funerals. The protesters comply with distance rules and remain on the public street throughout the demonstration.
Piper Patel distributes leaflets on streets running through a military base that the base has left open as public thoroughfares for civilian traffic. Base authorities attempt to bar all leafleting on those streets. The streets function as ordinary public roads with no special security barriers or access controls.
Preston Pratt displays a political sign in the window of his home located on a public street. City officials order removal under an ordinance that bans nearly all residential signs while permitting some commercial and holiday displays. The ordinance applies to signs visible from the public street in a traditional residential neighborhood.
The government may impose content-neutral time, place, or manner restrictions that are narrowly tailored to serve a significant governmental interest and leave open ample alternative channels of communication. Content-based restrictions trigger strict scrutiny and are rarely upheld.
A traditional public forum is property that has historically been open to public expression, such as streets and parks. A designated public forum arises when the government intentionally opens property for expressive use by the public or a class of speakers, even if it was not traditionally used that way.
Yes. Even when the government creates a limited public forum for a particular class of speakers or topics, it may not discriminate against speakers based on their viewpoint within the forum's scope.
Public streets are the paradigm of traditional public forums when they remain open to general traffic and expression. Streets that the government has closed or reserved exclusively for non-expressive uses may lose that status.
…e. g. , Marks v. United States , 430 U. S. 188, 198 (1977) (Stevens, J., concurring in part and dissenting in part), and "public forum," see, e. g. , United States Postal Service v. Council of Greenburgh Civic Assns. , 453 U. S. 114, 126-131 (1981); id. , at 136-140 (Brennan, J., concurring in judgment); id. , at…