Inconsistency in applying the standards does not make the area a public forum. However, failure to apply the standards at all could create that risk. The Change in standards in 2011requiring an advertisement adequately display a proposed commercial transaction was sufficient to allow the proposed advertisement to be placed. Important to have clear guidelines that items such as bus shelters are not traditional public forums. The biggest risk is to fail to apply the standards, not inconsistent application. Finally, the definitions in the standards are important. Nursing Homes; day care facilities; Athletic Facilities Generally these types of facilities are evaluated under a non public forum analysis. Preminger, et al v. Principi, 411 F.3d 815 (2005). Preminger involved a political party wanting to register voters at a nursing home for veterans. The Veterans Administration had enacted regulations which appeared to prohibit partisan political activities on its property undertaken with the purpose of influencing the federal government. The Ninth Circuit, upheld the District Court finding: The Nursing Home was a non public forum not traditionally or explicitly open to First Amendment activity. A public forum is one which the government has opened to public discourse The regulation of Speech need only be viewpoint neutral, it does not have to constitute the least restrictive alternative available. For the local government practitioner, it is important to clearly identify these forums and not permit expressive First Amendment Activity. Second, regulations need to be content/viewpoint neutral. Special Events
Inconsistency in applying the standards does not make the area a public forum. However, failure to apply the standards at all could create that risk. The Change in standards in 2011requiring an advertisement adequately display a proposed commercial transaction was sufficient to allow the proposed advertisement to be placed. Important to have clear guidelines that items such as bus shelters are not traditional public forums. The biggest risk is to fail to apply the standards, not inconsistent application. Finally, the definitions in the standards are important. Nursing Homes; day care facilities; Athletic Facilities Generally these types of facilities are evaluated under a non public forum analysis. Preminger, et al v. Principi, 411 F.3d 815 (2005). Preminger involved a political party wanting to register voters at a nursing home for veterans. The Veterans Administration had enacted regulations which appeared to prohibit partisan political activities on its property undertaken with the purpose of influencing the federal government. The Ninth Circuit, upheld the District Court finding: The Nursing Home was a non public forum not traditionally or explicitly open to First Amendment activity. A public forum is one which the government has opened to public discourse The regulation of Speech need only be viewpoint neutral, it does not have to constitute the least restrictive alternative available. For the local government practitioner, it is important to clearly identify these forums and not permit expressive First Amendment Activity. Second, regulations need to be content/viewpoint neutral. Special Events
public_forums.docx