context: Mote stands for the proposition the campus as a whole, including classrooms, facilities, and buildings, must be open to the entire public for the outdoor areas to constitute a traditional public forum, even when the public has unfettered access to such outdoor areas. I emphatically disagree with Mote for the reasons described in this concurrence.
citation_a.signal: see also
citation_a.identifier: 410 F.3d 766, 766
citation_a.parenthetical: noting a public university campus may contain a variety of fora
citation_a.sentence: See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 267, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (“[High] school facilities may be deemed to be public forums only if school authorities have ‘by policy or by practice’ opened those facilities for indiscriminate use by the general public.”) (quoting Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 47, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983)); see also Faulkner, 410 F.3d at 766 (noting a public university campus may contain a variety of fora); Ala. Student Party, 867 F.2d at 1354 n. 6 (same).
citation_b.signal: see
citation_b.parenthetical: "[High] school facilities may be deemed to be public forums only if school authorities have 'by policy or by practice' opened those facilities for indiscriminate use by the general public."
citation_b.sentence: See Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 267, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (“[High] school facilities may be deemed to be public forums only if school authorities have ‘by policy or by practice’ opened those facilities for indiscriminate use by the general public.”) (quoting Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 47, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983)); see also Faulkner, 410 F.3d at 766 (noting a public university campus may contain a variety of fora); Ala. Student Party, 867 F.2d at 1354 n. 6 (same).