828
Opinion of Thomas, J.
§ 33.68. To the extent that those easements create a property interest in the underlying land, it is that government-owned property interest that may be designated as a public forum.
It may be true, as petitioners argue, that title is not dispositive of the public forum analysis, but the nature of the regulatory restrictions placed on cable operators by local franchising authorities is not consistent with the kinds of governmental property interests we have said may be formally dedicated as public forums. Our public forum cases have involved property in which the government has held at least some formal easement or other property interest permitting the government to treat the property as its own in designating the property as a public forum. See, e. g., Hague v. Committee for Industrial Organization, 307 U. S. 496, 515 (1939) (streets and parks); Police Dept. of Chicago v. Mosley, 408 U. S. 92, 96 (1972) (sidewalks adjoining public school); Southeastern Promotions, Ltd. v. Conrad, 420 U. S. 546, 555 (1975) (theater under long-term lease to city); Carey v. Brown, 447 U. S. 455, 460-462 (1980) (sidewalks in front of private residence); Widmar v. Vincent, 454 U. S. 263, 267-268 (1981) (university facilities that had been opened for student activities). That is simply not true in these cases. Pursuant to federal and state law, franchising authorities require cable operators to create public access channels, but nothing in the record suggests that local franchising authorities take any formal easement or other property interest in those channels that would permit the government to designate that property as a public forum.11
11 Petitioners' argument that a property right called "the right to exclude" has been transferred to the government is not persuasive. Though it is generally true that, excepting § 10(c), cable operators are forbidden to exercise editorial discretion over public access channels, that prohibition is not absolute. Section 531(e) provides that the prohibition on the exercise of editorial discretion is subject to § 544(d)(1), which permits operators and franchising authorities to ban obscene or other constitutionally unprotected speech. Some States, however, have not permitted exercise of that authority. See, e. g., Minn. Stat. § 238.11 (1994) (prohibiting any censor-
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