MBE Rules · Constitutional Law
1A — public forum doctrine
The rule
Traditional public forums (streets, parks, sidewalks): content-based gets strict scrutiny; content-neutral TPM allowed. Designated public forums: same as traditional. Limited public forums: viewpoint discrimination forbidden, otherwise reasonable. Non-public forums: viewpoint-neutral and reasonable.
In plain English
Public spaces like parks and sidewalks have strong free speech protections. The government can regulate speech there, but rules must be fair and not based on what the speech says.
Worked example
In a city park, the city can't ban a protest because it disagrees with the message, but it can require permits to manage noise and crowd size.
Memory hook
Forum Frenzy: Traditional = Strict, Limited = Look for Reasonable. Know the forum type to know the scrutiny level.
The trap
Students think: all public places get strict scrutiny. Wrong, because limited forums only need reasonableness. The actual test is forum type dictates scrutiny level.
How examiners test it
MBE loves: protest in a limited public forum. Trap: assume strict scrutiny applies. Test is reasonableness and viewpoint neutrality, not content neutrality.
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