ERIC Number: ED339140
Record Type: RIE
Publication Date: 1991-Nov
Reference Count: 0
Controlling Access to Public Educational Facilities: The Nature of the Forum.
Uerling, Donald F.
Legal issues in public use of educational facilities and property are examined in this paper, which focuses on the balance between government authority and individual rights of association and expression protected by the First and Fourteenth Amendments. The Supreme Court's use of forum analysis to determine whether the government's interest in limiting property use outweighs the interest of the public party as established in Perry Education Association v. Perry Local Educators' Association and Cornelius v. NAACP Legal Defense and Education Fund is discussed. Three types of forums are described: the traditional public forum; the public forum created by government designation; and the nonpublic forum. Fundamental issues--the nature of the activity, relevant forum, and restrictions to access--are also described. As a general rule, public education facilities should be available for appropriate public use. However, educational administrators should establish narrow definitions and equitable granting of access, implement clear policies and consistent practices, and recognize the impermissibility of viewpoint-based discrimination. (LMI)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Identifiers: Access to Facilities
Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (Orlando, FL, November 22-24, 1991).