This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate the place prong of the time, place, and manner test altogether to simplify some of the complexities associated with free speech litigation on college campuses.
A. Celia Howard,
No Place for Speech Zones: How Colleges Engage in Expressive Gerrymandering,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol35/iss2/4