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Public Forum Cases

  • American Freedom Defense Initiative v. King County (2016)

American Freedom Defense Initiative v. King County (2016), which involved
First Amendment implications of advertising on public transit systems, was
denied certiorari.

  • Arkansas Educational Television Commission v. Forbes (1998)

In Arkansas Educational Television Commission v. Forbes (1998), the Supreme
Court upheld a decision to exclude Ralph P. Forbes, an independent
candidate for Congress, from a televised debate. The ruling overturned a
ruling that AETC had created a public forum to which all candidates should
have access.

  • Biden v. Knight First Amendment Institute at Columbia University (2021)

In Biden v. Knight First Amendment Institute, the Supreme Court vacated an
appellate decision that ruled that President Donald Trump had violated the
First Amendment by blocking some Twitter users from responding to his
tweets.

  • City of Madison v. Wisconsin Employment Relations Commission (1976)

City of Madison v. Wisconsin Employment Relations Commission (1976) said
nonunion teachers could not be stopped from speaking at school board
meetings.

  • Cornelius v. NAACP Legal Defense and Educational Fund (1985)

Cornelius v. NAACP Legal Defense Fund (1985) said excluding some
organizations from soliciting contributions from federal employees didn’t
violate the First Amendment.

  • Frisby v. Schultz (1988)

Frisby v. Schultz (1988) upheld a city ordinance banning picketing in
neighborhoods. Dissenting justices said the law suppressed First
Amendment-protected speech.

  • Hague v. Committee for Industrial Organization (1939)

Hague v. Committee for Industrial Organization (1939) dealt with the
freedom of assembly and set the precedent for the public forum doctrine in
First Amendment cases.

  • Hazelwood School District v. Kuhlmeier(1988)

Hazelwood School District v. Kuhlmeier (1988) decided that schools may
limit student First Amendment rights if student speech is inconsistent with
an educational mission.

  • Lee v. International Society for Krishna Consciousness (1992)

In Lee v. International Society for Krishna Consciousness (1991), the
Supreme Court said the First Amendment prohibited a ban on leafleting in an
airport.

  • Manhattan Community Access Corporation v. Halleck (2019)

In Manhattan Community Access Corporation v. Halleck (2019), a sharply
divided U.S. Supreme Court ruled that a private corporation that oversees
public access channels in Manhattan is not a state, or governmental actor,
subject to First Amendment constraints. The Court determined that
“operation of public access channels on a cable system is not a traditional
exclusive public forum.”

  • McCullen v. Coakley (2014)

In McCullen v. Coakley (2014) the Court ruled that a state law prohibiting
individuals from standing in a buffer zone outside an abortion facility
violated the First Amendment.

  • Minnesota Voters Alliance v. Mansky (2018)

A Minnesota law that prohibited wearing political apparel at polling places
was struck down by the U.S. Supreme Court as violating the First Amendment.

  • Nurre v. Whitehead (2010)

Nurre v. Whitehead (2010) involved a student, who alleged her First
Amendment rights were violated when the band could not perform a religious
instrumental at graduation.

  • Perry Education Association v. Perry Local Educators’ Association (1983)

Perry Education Association v. Perry Local Educators’ Association (1983)
used the public forum doctrine to define First Amendment rights granted on
government-owned property.

  • Pleasant Grove v. Summum (2009)

Pleasant Grove v. Summum (2009) determined a city could refuse to place a
monument in a public park because it was a form of government speech immune
from First Amendment review.

  • Rosenberger v. Rectors and Visitors of the University of Virginia (1995)

Rosenberger v. Rectors and Visitors of the University of Virginia (1995)
ruled that the denial of student funds to a Christian-based magazine
violated the First Amendment.

  • Southeastern Promotions, Ltd. v. Conrad (1975)

Southeastern Promotions v. Conrad (1975) said a city’s denial of theater
space for a performance of the controversial musical Hair violated the
First Amendment.

  • United States v. Grace (1983)

In 1983, the Supreme Court ruled that a federal law that prohibited
picketing outside the U.S. Supreme Court building was improperly applied to
the sidewalks in violation of the First Amendment’s protection of free
speech. In United States v. Grace, the Court said sidewalks are traditional
public forums.

  • United States v. Kokinda (1990)

In 1990, the Supreme Court upheld a federal regulation that prohibited
solicitation on post office property, including the sidewalks outside. In
United States v. Kokinda, the Court in a 5-4 decision narrowly sided with
the government in the face of a First Amendment challenge.

  • Widmar v. Vincent (1981)

Widmar v. Vincent (1981) said that prohibiting religious use of the
University of Missouri’s buildings while allowing secular use violated the
First Amendment.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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