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((Short description|Designated space for public expression in the United States))
((Redirect-distinguish|Public forum|Public forum debate))
((See also|Public sphere))
((Other uses|Forum (disambiguation)((!))Forum))
((More citations needed|date=November 2023))

In the [[Constitutional law of the United States]], a '''forum''' is a property that is open to [[freedom of speech|public expression]] and assembly.

==Types==
Forums are classified as '''public''' or '''nonpublic'''.

===Public forum===
A '''public forum''' also called an ''open forum'', is open to all expression that is protected under the [[First Amendment to the United States Constitution|First Amendment]]. Streets, parks, and sidewalks are considered open to public discourse by tradition and are designated as ''traditional public forums''. The government creates a ''designated public forum'' when it intentionally opens a nontraditional forum for public discourse''. Limited public forums'', such as municipal meeting rooms, are nonpublic forums that have been specifically designated by the government as open to certain groups or topics. Traditional public forums cannot be changed to nonpublic forums by governments.

The use of public forums generally cannot be restricted based on the content of the speech expressed by the user. Use can be restricted based on content, however, if the restriction passes a strict scrutiny test for a traditional and designated forum or the reasonableness test for a limited forum. Also, public forums can be restricted as to the ''time'', ''place'' and ''manner'' of speech. In the 1972 case ''[[Grayned v. City of Rockford]]'', the [[Supreme Court of the United States|Supreme Court]] found that "The nature of a place, ''the pattern of its normal activities, dictate the kinds of regulations of time, place, and manner that are reasonable.''" In determining what is reasonable, the Court stated that "[the] crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time." Thus, protesters have the right to march in support of a cause, but not on a public beach during the middle of the day with bullhorns.((dubious|reason=This example is dubious.|date=July 2022))((citation needed|date=July 2022))

''<u>Types of Public Forums</u>''

Public forums being described in two types: traditional and designated. A traditional public forum is where speech/expression is supported by the first amendment and when the government's ability to regulate speech is reduced like a sidewalk or state park. Whereas a designated public forum is “for use by the public as a place for expressive activity”, like social media. An open forum made by the government can be barred from expression as long as there is not a retaliation or yearn to reduce certain speech. For example, when Donald Trump blocked a group of twitter users from his account on the platform, the court considered his tweets and comments section a public forum, so the commenters' first amendment rights in that setting are not allowed to be infringed. A public forum only applies to protecting political speech for instance.<ref>((Cite web|title=Babson College: Babson Authentication|url=https://fusionmx.babson.edu/Fusebox/index.cfm?method=Auth.ShowLoginForm&showHeader=true&babsonauth_home=https%3A%2F%2Ffusionmx%2Ebabson%2Eedu%2FFusebox%2Findex%2Ecfm%3Fmethod%3DAuth%2ERedirectToEZProxy%26url%3Dhttps%3A%2F%2F1%2Enext%2Ewestlaw%2Ecom%2FDocument%2FI7e7a3909c02a11eabea4f0dc9fb69570%2FView%2FFullText%2Ehtml%3FnavigationPath%3DSearch%2Fv1%2Fresults%2Fnavigation%2Fi0ad740370000017d710055da3a3acc5e%3Fppcid%3De0922e27c880474eb2bc9bfa1582df40%26Nav%3DANALYTICAL%26fragmentIdentifier%3DI7e7a3909c02a11eabea4f0dc9fb69570%26parentRank%3D0%26startIndex%3D1%26contextData%3D%252528sc%2ESearch%252529%26transitionType%3DSearchItem%26listSource%3DSearch%26listPageSource%3Dfbf1bddf945cc8236974f782badd55bf%26list%3DANALYTICAL%26rank%3D2%26sessionScopeId%3D3e5ac24cb23f19de64d872abd87a6d35fe7852de6a8995b773d35b216bcaee3c%26ppcid%3De0922e27c880474eb2bc9bfa1582df40%26originationContext%3DSearch%2520Result%26transitionType%3DSearchItem%26contextData%3D%28sc%2ESearch%29|access-date=2021-12-04|website=fusionmx.babson.edu))</ref>

===Nonpublic forums===
A '''nonpublic forum''' is not specially designated as open to public expression. For example, jails, public schools, and military bases are nonpublic forums (unless declared otherwise by the government). Such forums can be restricted based on the ''content'' (i.e., subject matter) of the speech, but not based on ''viewpoint''. Thus, while the government could prohibit speeches related to [[abortion]] on a military base, it could not permit an [[anti-abortion]] speaker while denying an [[Abortion-rights movements|abortion rights]] speaker (or vice versa).

Regardless of the type of forum, any exclusion must be done on a viewpoint neutral basis. Exclusion based on the speaker's viewpoint is unconstitutional.

==Forum analysis versus government speech doctrine==
In several important cases, courts have decided that what appeared to be viewpoint-based censorship in a forum was actually the government's tailoring of its own [[Speech communication|speech]], which need not be viewpoint neutral, and that no forum was in fact created. When a governmental entity, such as a public broadcaster, employs the speech of ordinary citizens to further its goals, the [[government speech]] doctrine blocks citizens' [[First Amendment to the United States Constitution|First Amendment]] claims that the government set up a forum for them, and unconstitutionally suppressed speech in it.

==History==
Prior to the legal development of [[due process|substantive due process]], state governments had the authority to regulate speech in public places without regard to the First Amendment. In the 1895 [[Massachusetts Supreme Judicial Court]] case ''[[Massachusetts v. Davis]]'', Justice [[Oliver Wendell Holmes Jr.|Oliver Wendell Holmes]] wrote that "For the Legislature absolutely or conditionally to forbid public speaking in a highway or public park is no more an infringement of the rights of a member of the public than for the owner of a private house to forbid it in his house." The Supreme Court unanimously upheld Holmes' opinion in the 1897 appeal ''[[Davis v. Massachusetts]]''.

However, in 1939, Justice [[Owen Josephus Roberts]] stated that "use of the streets and public places has, from ancient times, been a part of the privileges [...] of citizens."<ref>''[[Hague v. Committee for Industrial Organization]]'', 307 U.S. 496 (1939).</ref> And in 1965, Professor [[Harry Kalven]] described such places as a "public forum that the citizen can commandeer".((quote without source|date=July 2022))

==Usage==
The 1988 decision in ''[[Hazelwood v. Kuhlmeier]]'' relied on the notion of a public forum in determining the degree to which a public school newspaper that has not been determined as such a forum can be protected by the [[First Amendment to the United States Constitution|First Amendment]]. The Court decided that such newspapers are subject to a lower level of First Amendment protection than independent student newspapers established (by policy or practice) as forums for student expression.

==See also==
* [[Freedom of speech in the United States#Time, place, and manner restrictions|Time, place, and manner restrictions]]

==References==
((reflist))

== Citations ==
* ((Cite book |last = Black |first = Henry Campbell |editor = Bryan A. Garner |title = [[Black's Law Dictionary]] |edition = Second Pocket |year = 2001 |publisher = West Group |location = St. Paul, Minnesota |isbn = 0-314-25791-8))
* ((Cite book |last = Barron |first = Jerome A. |author2 = C. Thomas Dienes |title = First Amendment Law: In A Nutshell |edition = 2nd |year = 2000 |publisher = West Group |location = St. Paul, Minnesota |isbn = 0-314-22677-X |url-access = registration |url = https://archive.org/details/firstam_bar_2000_00_9143 ))

== External links ==
* [http://FindLaw.com/ FindLaw] definitions for [http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=c0/c003fc5cf940488f6e4b10d09720e9ba#open+forum open forum], [http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=8e/8ea3343cd7027bd981c378eb742d118e public forum], and [http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=96/96c61a5d40c0e236961d4c04d5ef71be limited public forum]

((DEFAULTSORT:Forum (Legal)))

[[Category:First Amendment to the United States Constitution]]

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