Location law
Public forums, limited forums, and private property
Why a sidewalk, government lobby, courthouse interior, shopping center, and transit platform can carry different rules.
Last reviewed 2026-08-29. General education only—not legal advice. Verify current law and consult a qualified attorney for advice about your facts.
Three constitutional forum categories
The Constitution Annotated describes traditional public forums, designated or limited public forums, and nonpublic forums. Streets and parks are common examples of traditional public forums, but the classification and applicable rule depend on the government’s use and the facts.
In a nonpublic forum, government may reserve space for its intended purpose and impose reasonable, viewpoint-neutral limits. That is different from a private owner’s property rights, which require a separate analysis.
Access is not ownership
A place can be open to visitors without becoming a constitutional public forum. A private store, apartment common area, hospital, or contractor-operated site may set conditions for entry and may ask a person to leave.
When a location is mixed or unclear, the safest field practice is to stay in a clearly public area, obey posted safety rules, and avoid treating uncertainty as permission.