Legal Definitions - designated public forum

A designated public forum is a place or space that is not traditionally open for public assembly and speech, but which the government has intentionally opened for such purposes. Unlike a traditional public forum (like a public park or sidewalk), a designated public forum is created by the government's specific choice to allow public expression, either for a limited time, for specific topics, or for particular groups.

Once the government designates a space as a public forum, it generally cannot discriminate against speakers based on their viewpoint. However, the government retains the ability to set reasonable time, place, and manner restrictions on speech, and it can also choose to close the forum or change its designation in the future.

• Example 1: University Lecture Hall for Student Debates

  A state university decides to make one of its large lecture halls available every Friday evening for student organizations to host debates on current events. While the lecture hall is primarily used for academic instruction, the university's decision to open it for student debates transforms it into a designated public forum for those specific times and purposes. During these designated times, the university cannot generally prevent a student group from using the hall for a debate simply because it disagrees with the group's viewpoint. However, it can enforce rules about noise levels, booking procedures, and ensuring the event ends on time.

• Example 2: City Council Chambers for Community Town Halls

  A city council typically uses its chambers for official government meetings. However, the council passes a resolution stating that on the first Tuesday of every month, the chambers will be open to any resident group wishing to host a town hall meeting to discuss local issues. By making this space available for public discussion, the city has created a designated public forum. While the city can establish rules for reserving the space and maintaining order, it cannot deny a group access based on the content of their planned discussion, as long as it pertains to local issues as specified in the resolution.

• Example 3: Public Library Meeting Rooms for Educational Workshops

  A local public library offers several meeting rooms that patrons can reserve for various activities. The library's policy states that these rooms are available for educational workshops, book clubs, and non-profit organization meetings. By opening these rooms for such uses, the library has established them as a designated public forum. If a local environmental group wants to host a workshop on sustainable living, the library generally cannot deny them access based on the environmental message, provided the group adheres to the library's established rules for room usage, such as capacity limits and reservation times.