The Ongoing Mystery of the Limited Public Forum

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