Public Forum Doctrine Traditional Public Forum e.g. Sidewalks, Public Parks The Government is limited to regulating the Time Place & Manner of public speech. The regulation of political speech (i.e. non-commercial) must be: Content neutral Serve a substantial state interest Less than a total prohibition Narrowly drawn "Our tradition of free speech commands that a speaker who takes to the street corner to express his views in this way should be free from interference by the State based on the content of what he says." Thomas v. Chicago Park Dist. ___U.S.____(2001) Souter, J., Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995) Ward v. Rock Against Racism Capital Square. v. Pinette et al. Docket 94-780 (USSC, 1995). Roberts v. Haragan, 2004 WL 2203130 (N.D. Tex. Sept. 30, 2004) Public Forum by designation (a limited public forum) e.g. publically owned performance facilities "Public property which the state has opened for use by the public for expressive activity."? The state may reserve the forum for its intended purpose. Content-based but not viewpoint-based restrictions are permitted where the restriction is related to the intended use of the forum. "View-point discrimination is thus an egregious form of content discrimination. The government must abstain from regulating speech when the specific motivating ideology or the opinion or perspective of the speaker is the rationale for the restriction. See Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 46 (1983)" Hopper v. City of Pasco, __3rd__ (9th Cir. 2001) Kennedy, J. Rosenberger et al. v. University of Virginia, Docket 94-329(USSC, 1995) The Board of Regents of the University of Wisconsin v. Southworth, 98-1189 Southworth v. Grebe, 151 F.3d 717 (7th Cir. 1998) Roberts v. Haragan, 2004 WL 2203130 (N.D. Tex. Sept. 30, 2004 Non-Public Forum Public property which is not by tradition or designation a forum for public communication. --no per se constitutional obligation to grant access. Content-based regulations are permitted as long as: The regulation serves a compelling state interest. The regulation is narrowly drawn to serve that interest. Higgins v. DMV, ___Or. App. ___ (2000)