Legal Definitions - forums

A forum in First Amendment law refers to the place where a person speaks. The First Amendment protects the right to speak and assemble, but the level of protection depends on the type of forum.

Traditional public forums are places like public parks and sidewalks where people have traditionally gathered to express their opinions. Speakers in these areas have the strongest First Amendment protections. The government cannot discriminate against speakers based on their views, but it can place reasonable restrictions on the time, place, and manner of speech. For example, the government can limit the volume of a speaker's voice or require a permit for a large gathering.

Designated public forums are public places that the government has opened for public expression, even though they are not traditional public forums. Examples include municipal theaters and meeting rooms at state universities. As long as the government keeps the forum open, speech in the forum receives the same First Amendment protections as speech in traditional public forums.

A limited forum is a type of designated public forum where the government limits access to certain classes or types of speech. For example, a public school may limit access to its meeting rooms to only school-related activities. The government can discriminate against classes of speakers or types of speech, but it cannot engage in viewpoint discrimination. For example, the government cannot exclude speakers from a religious group simply because they intend to express religious views.

Nonpublic forums are places for public speech that are neither traditional public forums nor designated public forums. The government can restrict the content of speech in nonpublic forums as long as the restriction is reasonable and does not discriminate based on speakers' viewpoints. Examples of nonpublic forums include airport terminals, a public school's internal mail system, and a polling place.

It is important to note that some public property is not a forum at all and is not subject to this forum analysis. For example, public television broadcasters are not subject to forum analysis when they decide what shows to air.

Overall, forums are important in First Amendment law because they determine the level of protection for a speaker's right to free speech and assembly.