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Module 6

Chapters 10-11

Priyal Morjaria

Chapter 10
1. Under what circumstances can speech be restrained? State colleges or universities are
placed under the state and are subject to the same constitutional freedoms and limitations.
Freedom of speech is restrained or controlled when clear or present danger is apparent. For
speech to be penalized it must be uttered in a way that it created clear and present danger.
6. Explain the concept of time, place and manner. How is this concept practically applied
on a public university campus? A university or college and regulate the time, place and manner
of speeches made by outside speakers. The content of a speaker cannot be regulated. Time deals
with when the speech can happen, place deals with where the speaker is given permission to
speak and manner deals with how the speaker shares his speech. On a university campus the
content of a speaker and outside speaker can only be regulated or overridden if its proved that
the content talks of violent overthrow of the US government, willful destruction of university
property, forceful disruption and impairment of the daily on goings of the university (classes),
physical harm or intimidation of university staff, officials, faculty and students, and any violent
disorder on campus.
10. Under what circumstances can a state university reject a student organizations
application for campus recognition? The right to association is one that courts consider to be a
part of the 1st amendment rights. At the college and university level students have the right to
associate in groups and they have a right to be recognized. Recognition allows students to use
university property such as meeting rooms and media services and it also allows them to request
funding. When it comes to recognition associations also carry a responsibility and a state college
or university can reject campus recognition if the association is disruptive towards normal
university operations.
Chapter 11
3. How can a designated or limited public forum be created? Does the establishment of
a designated or limited public forum require an affirmative act by the state university?
Limited or designated public forums are created by purposeful government actions. The
government can subject limited public forums to time, place or manner restrictions; however
content based restrictions are placed under scrutiny. State university does require an overt and
intentional act to open itself up as a designated forum. It cant be a designated forum by nonaction.
7. Can a state university have restricted use of university-owned computer facilities and
internet service? If so, is it a closed forum? Yes, because university owned computer facilities
are not open to public use. They are not considered a public forum and restrictions can be put on
them; however even then the restrictions put have to be reasonable and not to suppress
expression.