The Public Forum

Abstract

This chapter examines concerns relating to preserving access to public properties for the purpose of facilitating freedom of expression. Historically, speakers and groups have fought to obtain and preserve First Amendment rights to access and use what are referred to as “public forums”—places that the government owns or controls, but that are held in trust for the people for the purpose of exercising First Amendment rights. The “law and order” mantra of the Trump Era has revived concerns, dating in particular from the 1960s and 1970s, about preserving speakers’ access to public places including streets and parks. Government “law and order” policies and actions, along with various other access limits, raise concerns about the continued viability of the public forum. In addition, during the Trump Era, issues have arisen with regard to speakers’ access to places in the “modern public square,” including official social media sites. President Trump’s decision to block several critics from the comment portion of his Twitter page is only the most prominent example of this new access concern, which will affect dissenters’ ability to communicate with an increasing number of public officials. Preserving access to traditional and digital forums will be critical to maintaining a culture of dissent.