A bus placard space on a public bus is treated as a designated public forum because it is public property intentionally opened for expressive use. Which statement best explains why this classification triggers strict scrutiny when restricting speech based on content?

A bus placard space on a public bus is treated as a designated public forum because it is public property intentionally opened for expressive use. Which statement best explains why this classification triggers strict scrutiny when restricting speech based on content?

• A. Public forums always require strict scrutiny for any restriction
• B. Designated public forums may be restricted only if the restriction serves a compelling government interest and is necessary to achieve that interest
• C. Content-based restrictions are always permissible in public forums
• D. Designated public forums are never subject to First Amendment scrutiny

Answer: (B)

The key idea is that when a government space is opened for expressive activity, it becomes a designated public forum and speech there is protected with heightened scrutiny for content-based restrictions. Because the bus placard space is public property intentionally opened for expressive use, restrictions that target the message or viewpoint must pass strict scrutiny. That means the government must show a compelling interest behind the restriction and that the restriction is narrowly tailored, i.e., the least restrictive means to achieve that interest. If the restriction is not necessary to advance a compelling interest, it would violate the First Amendment. The other statements misstate how forums are treated: not every restriction in a public forum requires strict scrutiny, only content-based ones; content-based restrictions are not automatically permissible; and designated public forums are indeed subject to First Amendment scrutiny.

The key idea is that when a government space is opened for expressive activity, it becomes a designated public forum and speech there is protected with heightened scrutiny for content-based restrictions. Because the bus placard space is public property intentionally opened for expressive use, restrictions that target the message or viewpoint must pass strict scrutiny. That means the government must show a compelling interest behind the restriction and that the restriction is narrowly tailored, i.e., the least restrictive means to achieve that interest. If the restriction is not necessary to advance a compelling interest, it would violate the First Amendment. The other statements misstate how forums are treated: not every restriction in a public forum requires strict scrutiny, only content-based ones; content-based restrictions are not automatically permissible; and designated public forums are indeed subject to First Amendment scrutiny.