Hastings Constitutional Law Quarterly
If It Looks Like a Duck... Traditional Public Forum Status of Open Areas on Public University Campuses
The notion behind the oft-used maxim, "If it looks like a duck. . ." is that it is an irrefutable adage, but it is one that is lost on many public university administrators. Their struggle with the obvious comes at a high cost. Fundamental First Amendment freedoms are often deprived in areas that represent traditional public for a on campus. Although many universities are diverse in their respective creations of policies pertaining to speech on campus, they are remarkable similar in their approaches to control speech. The right to speak no campus is often strictly controlled, certain speakers are even relegated to undesirable locations on campus, and in some instances the right to free speech is jettisoned altogether. Once the First Amendment's prevailing authority is recognized by university administrators, speech on campus will finally receive the constitutional protection it so richly deserves.
Nathan W. Kellum,
If It Looks Like a Duck... Traditional Public Forum Status of Open Areas on Public University Campuses,
33 Hastings Const. L.Q. 1
Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol33/iss1/1