Wednesday, May 19, 2010
David A. Thomas (Brigham Young University) has posted Whither the Public Forum Doctrine: Has this Creature of Courts Outlived its Usefulness?, from Real Property, Probate and Trust Law Journal, Vol. 44, pp. 637-743 (Winter 2010). The abstract:
Tracing both the development of the Public Forum Doctrine and the history of the property rights it affects, in this Article the Author argues that the doctrine currently exists as a tangled mass of precedent that is unworkable in practice. By juxtaposing the current application of the Public Forum Doctrine against a proposed approach that balances the property rights of the owner against the speech rights of the visitor to the land, the Author provides support for the position that the Public Forum Doctrine can be replaced by a more effective means of achieving a fair balance between the competing rights.
Includes an Appendix: Historical Details on the Emerging Concept: Governmental Immunity Over English Land in the Anglo-Saxon and Norman Periods (pp. 735-743).