Dazed and Confused: Explaining Judicial Determinations of Traditional Public Forum Status

Article by Michael J. Friedman

Though the traditional public forum is the category of public property subject to the most expansive protections of the First Amendment, no clear-cut test has emerged for determining when a traditional public forum exists. This study utilizes social science techniques to explain judicial determinations of traditional public forum status, including the factors that courts consider when making public forum determinations, and the ways in which those factors interrelate.


About the Author

Michael J. Friedman. Trial Attorney, United States Department of Justice. B.A. 2001, Emory University; J.D. 2004, Yale Law School.

Citation

82 Tul. L. Rev. 929 (2008)