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Abstract

This Note argues that the Supreme Court, beginning with Perry, has defined the limited public forum in a manner that offends the underlying policies of the First Amendment.9 Part II of this Note explains the significance of the limited public forum doctrine within First Amendment jurisprudence. Part III provides an historical overview of limited public forum cases, demonstrating that Perry relaxed limited public forum analysis by making it easier for government selectively to restrict access to public property, and that subsequent cases have had to struggle to apply Perry. Part IV criticizes Perry's reformulation of the limited public forum as unworkable and unfair. Part V proposes a modification of Perry's approach to public forum cases. This proposal is intended to give some guidance to courts in determining when a specific group can be excluded from a limited public forum without running afoul of the First Amendment.

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