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use by the public as a place for expressive activity”, like social media. An open forum made by the government can be barred from expression as long as there is not a retaliation or yearn to reduce certain speech. For example, when Donald Trump blocked a group of twitter users from his account on the platform, the court considered his tweets and comments section a public forum, so the commenters' first amendment rights in that setting are not allowed to be infringed. A public forum only applies to protecting political speech for instance.
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wrote that "For the
Legislature absolutely or conditionally to forbid public speaking in a highway or public park is no more an infringement of the rights of a member of the public than for the owner of a private house to forbid it in his house." The Supreme Court unanimously upheld Holmes' opinion
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Public forums being described in two types: traditional and designated. A traditional public forum is where speech/expression is supported by the first amendment and when the government's ability to regulate speech is reduced like a sidewalk or state park. Whereas a designated public forum is “for
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The use of public forums generally cannot be restricted based on the content of the speech expressed by the user. Use can be restricted based on content, however, if the restriction passes a strict scrutiny test for a traditional and designated forum or the reasonableness test for a limited forum.
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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). Such forums can be restricted based on the
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In several important cases, courts have decided that what appeared to be viewpoint-based censorship in a forum was actually the government's tailoring of its own
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Regardless of the type of forum, any exclusion must be done on a viewpoint neutral basis. Exclusion based on the speaker's viewpoint is unconstitutional.
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stated that "use of the streets and public places has, from ancient times, been a part of the privileges of citizens." And in 1965, Professor
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the pattern of its normal activities, dictate the kinds of regulations of time, place, and manner that are reasonable.
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described such places as a "public forum that the citizen can commandeer".
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when it intentionally opens a nontraditional forum for public discourse
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437:(Second Pocket ed.). St. Paul, Minnesota: West Group.
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Designated space for public expression in the United States
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19:"Public forum" redirects here. Not to be confused with
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Black, Henry
Campbell (2001). Bryan A. Garner (ed.).
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