Free Speech Restrictions
Overview of Where and When Speech Can be Regulated
One of the first analyses in which a court will engage when examining a law that burdens protected speech is the forum analysis. The analysis is important because speech may be more easily regulated depending upon where it takes place. For example, speech that cannot be restricted in a public park may be proscribable entirely if it occurs on a military base. Traditional Public Forums The Supreme Court has identified different types of fora. Some public spaces, such as streets and parks, are known as “traditional public forums,” which means that they generally are open to all people to express…
