Arkansas Ed. Television Comm'n v. Forbes, 523 U.S. 666, 2 (1998)

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Cite as: 523 U. S. 666 (1998)

Syllabus

found and widespread impact when it is disseminated through televised debates. Thus, the special characteristics of candidate debates support the conclusion that the AETC debate was a forum of some type. The question of what type must be answered by reference to this Court's public forum precedents. Pp. 672-676.

(b) For the Court's purposes, it will suffice to employ the categories of speech fora already established in the case law. The Court has identified three types of fora: the traditional public forum, the public forum created by government designation, and the nonpublic forum. Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U. S. 788, 802. Traditional public fora are defined by the objective characteristics of the property, such as whether, "by long tradition or by government fiat," the property has been "devoted to assembly and debate." Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 45. The government can exclude a speaker from a traditional public forum only when the exclusion is necessary to serve a compelling state interest and is narrowly drawn to achieve that interest. Cornelius, supra, at 800. Designated public fora are created by purposeful governmental action opening a nontraditional public forum for expressive use by the general public or by a particular class of speakers. E. g., International Soc. for Krishna Consciousness, Inc. v. Lee, 505 U. S. 672, 678 (ISKCON). If the government excludes a speaker who falls within the class to which such a forum is made generally available, its action is subject to strict scrutiny. E. g., Cornelius, supra, at 802. Property that is not a traditional public forum or a designated public forum is either a nonpublic forum or not a forum at all. ISKCON, supra, at 678-679. Access to a nonpublic forum can be restricted if the restrictions are reasonable and are not an effort to suppress expression merely because public officials oppose the speaker's views. Cornelius, supra, at 800. Pp. 677-678.

(c) The AETC debate was a nonpublic forum. The parties agree that it was not a traditional public forum, and it was not a designated public forum under this Court's precedents. Those cases demonstrate, inter alia, that the government does not create a designated public forum when it does no more than reserve eligibility for access to a forum to a particular class of speakers, whose members must then, as individuals, "obtain permission," Cornelius, 473 U. S., at 804, to use it. Contrary to the Eighth Circuit's assertion, AETC did not make its debate generally available to candidates for the congressional seat at issue. Instead, it reserved eligibility for participation to candidates for that seat (as opposed to some other seat), and then made candidate-by-candidate determinations as to which of the eligible candidates would participate in the debate. Such "selective access," unsupported by evidence of a purposeful designation for public use, does not create a public

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