표현의 자유와 공적광장이론 - 미연방대법원 판례를 중심으로 -

Speech often requires a place for it to occur. Thus, the issue arises as to what property is available for speech. The Court has dealt with this issue by identifying different types of government property and by articulating different rules as to when the government can regulate each. The traditional public forum is a place that has by long tradition or by government fiat been devoted to assembly and debate. In traditional public forum, the content-based regulation is reviewed by the standard of strict scrutiny and content-neutral regulation is reviewed by the standard of intermediate scrutiny. The designated public forum consists of public property which the government has opened for use by the public as a place for expressive activity. In a designated public forum, restrictions on speech are subject to the same standard as restrictions in a traditional public forum. The limited public forum is a place that the government opens only to some speakers or to some messages. In a limited public forum, restrictions on speech must be reasonable and viewpoint neutral. Nonpublic forum is government property that the government can close all speech activities. In a nonpublic forum, restrictions on speech must be reasonable and viewpoint neutral.