musicfor18 wrote:Good Guy Gaud wrote:stronitsing wrote:Does anybody have a good grasp on what constitutes a limited public forum versus a designated public forum?
Just the standards applied to each. Would also be interested if someone had a good way of determining this.
There's a big problem with distinguishing designated public forum from limited public forum. I even asked Chemerinsky, and he agreed with me. In a designated public forum, the government can't engage in subject-matter discrimination. In a limited public forum, it can. The problem is: How do you tell a permissible limited public forum that's limited to certain subject matters from an impermissible designated forum that discriminates based on subject matter? Chemerinsky said "That's a question I often ask myself."
FWIW I wrote in a question to Barbri on this point and I also got a general answer of the type that doesn't help much distinguish which is which in a fact pattern. Maybe the key is to argue BOTH SIDES on the exam, apply the rules for both, and then come to a conclusion. That way, even if you ended up picking the wrong one, the grader sees you know your stuff and the distinction between designated public v. limited public forum was a close call.