First Amendment Fora Revisited: How Many Categories Are There?

Abstract

The Supreme Court has allowed considerable judicial confusion to develop with respect to its “public forum” categories in First Amendment law. Because some courts have (reasonably) inferred that the “limited public forum” and the “non-public forum” are, analytically, one and the same, confusion persists as to the proper terminology and the number of “forum” categories. This short article explores those questions and suggests a resolution.