Socratics

Socratic Law Issue 1

Mass Communication Law

09/03/06

The Supreme Court has defined three categories of public forums. Lands designed for public use and historically used for public gathering and discussion, like parks or sidewalks adjacent to public buildings are Traditional Public Forums. The public has a right to use these places for expression.

Spaces such as public schools, libraries and universities may provide ideal settings to gather and share ideas. These spaces are not automatically available for public use. However, in many cases, government allows public use of these spaces as Designated Public Forums. Time, place and manner restrictions are in place for these spaces.

Some government properties are not available for public use. Military bases or prisons for example. Nonpublic Forums exist where public gathering would jeopardize the proper functioning of the government service and where there is no history of public access.

I believe that having graded designations is better. In the case of the United States v. American Library Association, a widely fractured U.S Supreme Court declared on public forum doctrine, deciding that library internet is not a public forum, but may rather act as a limited forum for expression.

In a 1939 case involving a challenge to a city ordinance prohibiting the distribution of pamphlets on city streets and parks, the Supreme Court explained that streets and parks have always been held in trust for the use of the public. Such use of public places is a part of the rights and liberties of citizens. However, other spaces that are not open to the public at all times don’t allow for these liberties.

In the case of the Good News Club v. Milford Central School, the school prohibited the use of its building for religious purposes. The Supreme Court found that the school violated the club’s free speech rights within a designated public forum. Because the school prohibited the use of its facilities based on the content of the club’s message they were the losing party.