ABSTRACT

A key consideration in understanding the extent of free expression is determining whether a location is a public or nonpublic forum. Government agencies cannot discriminate against viewpoints but rather must be content-neutral when enforcing laws impacting expression. Time, place and manner restrictions on expression are permissible but must be crafted according to court limitations. Some public institutions (like schools) restrict freedom of expression more than others. Public employees actually may have their speech restricted in some instances. Judicial review is used to scrutinize laws impacting freedom of speech; courts impose strict or intermediate scrutiny.