Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-7c2ld Total loading time: 0.42 Render date: 2021-12-03T05:09:11.778Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

2 - The Public Forum Doctrine and Reduced Access to Government Property for Speech Activity

Published online by Cambridge University Press:  02 August 2019

Ronald J. Krotoszynski, Jr.
Affiliation:
University of Alabama
Get access

Summary

Over time, the federal courts have become predictably and consistently less willing to force government – at all levels – to make public property available for First Amendment activities.1 For would-be speakers who do not own property suitable for holding a mass protest or rally – or even for a peaceful picket or leafletting exercise – access to government-owned property is simply essential to their ability to speak.

Moreover, this holds true even in the age of the internet. As I will explain in greater detail, public protests, featuring face-to-face, real time interactions, remain essential to the process of democratic deliberation because real time, in person encounters permit the effective targeting of a particular audience and also because the mass media’s coverage of public protests opens up a wider dialogue within the body politic as a whole. A Facebook post or Twitter “tweet” lacks these important characteristics. In addition, social media platforms are privately owned and, accordingly, need not permit speech that they would prefer to censor or suppress. The usual suspects offered as the new (virtual) town square are not cabined by constitutional proscriptions against viewpoint or content discrimination. Simply put, some speakers and some speech are not welcome on Facebook, Twitter, YouTube, and Instagram.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×