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Controlling Access to Public Educational Facilities [microform] : The Nature of the Forum / Donald F. Uerling
Bib ID 5537930
Format BookBook, MicroformMicroform, OnlineOnline
Author
Uerling, Donald F
 
Online Versions
Description [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1991 
11 p. 
Summary

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)

Notes

ERIC Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (Orlando, FL, November 22-24, 1991).

Educational level discussed: Elementary Secondary Education.

May also be available online. Address as at 14/8/18: https://eric.ed.gov/

Reproduction Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive. 
Subjects Citizen Participation.  |  Constitutional Law.  |  Educational Facilities.  |  Elementary Secondary Education.  |  Legal Problems.  |  Legal Responsibility.  |  Public Policy.  |  Public Schools.  |  School Buildings.  |  Access to Facilities
Form/genre Speeches/Meeting Papers.  |  Legal/Legislative/Regulatory Materials.
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