Free Speech on Campus: A New Forum-Based Approach.

This article examines the complex challenges public colleges and universities face in applying First Amendment free speech protections across diverse campus settings, highlighting the lack of clear Supreme Court guidance and inconsistent lower court rulings. It proposes a tailored forum-based framework for public colleges, distinguishing five specific forum categories—instructional forums, public areas, non-instructional facilities, residential facilities, and cyberspace—to better balance free speech rights with institutional missions such as safety and academic freedom. The article also addresses contentious issues including student protests, regulation of invited speakers, funding for student organizations, hostile environment harassment standards, and the regulation of student speech on social media. Ultimately, it argues that adopting this nuanced forum analysis will provide clearer, more consistent constitutional standards for administrators, students, and courts navigating free speech disputes in public higher education.