ArmoredRodent
Well-Known Member
Actually, not so simple as that. Private fora must sometimes respect others' right of free expression: Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980) (students have the right under California Constitution to circulate initiative petitions in a private shopping center that doesn't want them). Governments can often close its own buildings and grounds to free speech: Pleasant Grove v. Summum, 555 U.S. 460 (2009) (government can refuse to permit expressive statue to be placed on government land). You have to look at who is speaking, the content of the speech, and the circumstances of the speech.The answer is simple: if a forum is not owned by the government then it is a private forum just like any building not owned by the government is a private building. In both cases, the government has no right to censor you, but the owner of the forum or building can say, "We don't tolerate that here. Get out."
One rule of thumb I have long used is the "speech spectrum:" speech can be placed on a spectrum of restrictions and freedoms on expression. The closer speech is to core government functions (including, but not limited to, government's own speech), the more power the government has to limit it. The further away from core government functions (personal beliefs), the greater the burden on government to show that it has the power to limit the speech. These can be tough decisions (as is true in most Supreme Court questions). For example, an extensive set of cases involving this question were decided in the 1990's, including those involving government employees' personal expression vs. government's desire to manage its own activities, control its own funds and protect against erroneous decisions.