Research and Insights: Everybody Out of the Pool: Recognizing a First Amendment Claim for the Retaliatory Closure of (Real or Virtual) Public Forums
America has a rich history of peaceful protests and demonstrations on public property to exercise their First Amendment right of freedom of speech, regardless of how vitriolic or partisan that rhetoric may be. But University of Florida College of Journalism and Communications Journalism Professor Frank LoMonte, director of the Brechner Center for Freedom of Information, believes that the Supreme Court will soon have to weigh in on the constitutionality of the issue because of more advanced communication tools.
LoMonte cites two recent federal appellate court decisions, one in the Fourth Circuit U.S. Court of Appeals and the other in the Ninth Circuit, that make it more unclear whether government agencies can prevent demonstrators from having access to public property.
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