The Pros And Cons Of Public Forums

Decent Essays
The auditorium should be treated not as a limited public forum, but instead as a designated public forum. First, the difference between the four distinct forums in which speech is regulated must be established. The Cornelius Court established the first three forums. Cornelius v. NAACP Legal Def. & Education Fund, Inc., Et Al., 473 U.S. 788, 797, 105 S. Ct. 3439, 87 L.Ed.2d 567 (1985). The traditional public forum, designated public forum, and non-public forum. Id. The fourth forum is the, “limited public forum”. Perry Education Assn. v. Perry Local Educators’ Assn Et Al., 460 U.S. 37, 103 S. Ct. 948, 74 L. Ed. 2d 794 (1983). The traditional public forum may be described as a place where, “because the principle purpose of the forum is the free…show more content…
That is because the School has allowed various civic and social groups such as, the Kiwanis Club, the American Legion, and the Rotary Club the right to use its facilities. The School has also given permission to private organizations meeting for personal, professional, or educational use. In Lamb’s Chapel v. Moriches Union Free School District Et Al., 508 U.S. 384, 113 S. Ct. 2141, 124 L. Ed. 2d 352, (1993). The Petitioner made an argument that the Court described had “considerable force”. That argument was that, “the district had opened its property for such a wide variety of communicative purposes that restrictions on communicative uses of the property were subject to the same constitutional limitations as restrictions in traditional public forums…subject matter or speaker exclusions on district property are required to be justified by a compelling state interest and to be narrowly drawn to achieve that end.”…show more content…
As advocated in the Lamb argument, because of the many similarities that the group shares it is clear that the district has opened the School up to a wide variety of communicative purposes. The amount of examples the Church can offer, or the amount of exceptions the School can make is immaterial. What matters is that the Church shares traits with accepted groups; therefore the School does not have a valid reason to maintain a limited public forum. This makes the School a designated public forum. Now the same rules that govern traditional public forums
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