The Ongoing Mystery of the Limited Public Forum

NSU Shepard Broad Law Center Research Paper No. 10-002

Nova Law Review, Vol. 33, p. 299, 2009

59 Pages Posted: 13 Jan 2010  

Marc Rohr

Nova Southeastern University - Shepard Broad College of Law

Date Written: January 12, 2010

Abstract

More than 25 years after setting forth the rules of its First Amendment “public forum” doctrine, the U.S. Supreme Court has yet to make clear the legal significance of the term “limited public forum,” or to provide a coherent, consistent explanation of how courts are supposed to evaluate restrictions on speaker access to such forums. This Article, in an effort to clarify the meaning of this concept, explores its treatment at both the Supreme Court and lower court levels, pointing out the difficulties inherent in the concept and suggesting a proper understanding thereof.

Keywords: limited public forum, public forum doctrine, freedom of expression, freedom of speech

JEL Classification: K10

Suggested Citation

Rohr, Marc, The Ongoing Mystery of the Limited Public Forum (January 12, 2010). NSU Shepard Broad Law Center Research Paper No. 10-002. Available at SSRN: https://ssrn.com/abstract=1535587

Marc Rohr (Contact Author)

Nova Southeastern University - Shepard Broad College of Law ( email )

3305 College Avenue
Ft. Lauderdale, FL 33314
United States
954-262-6155 (Phone)

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