tpmpubforum - Time Place& Manner test no is the...

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Prof. Manheim Constitutional Law II Fall, 2006 does it leave open alternative avenues of communication does it serve a significant state interest narrowly tailored content neutral Is the law an anti-speech or non-speech regulation? Law restricts content (what can be said) Law restricts where speech occurs This content cannot be expressed anywhere This content cannot be ex- pressed in particular place Law restricts how speech occurs Public Forum Analysis Non public forum Limited (or designated) public forum Traditional public forum Private property Place speech occurs This is a pure speech issue. Must survive strict scrutiny (if protected speech) Gov't can neither force uninvited access nor deny invited access Gov't cannot deny speech access Gov't can deny access based on subject matter (not viewpoint) Gov't can deny all speech access (if reasonable)
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Unformatted text preview: Time, Place & Manner test no is the regulation most public property property intentionally opened for public speech streets, parks, public ways not-owned by government Mid-level scrutiny (deferential in practice) This is almost always satisfied, but results in format-discrim-ination (little affect on mass commun'n, which is expensive) Special case of injunctions which, by their very nature are content-based Apply remaining elements of TP&M with greater scrutiny usually applies to speech in traditional public forum The purpose of the public forum doctrine is to determine whether the state can deny the public to speak here The purpose of the TP&M doctrine is to determine whether particular speech re-strictions are permitted Selective access forum Gov't can discriminate in selecting speakers public television...
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