Phoenix.Tunafests said:
Cerberus.Eugene said:
However, public parks are generally considered public forum.
Not necessarily, since the designation of public forum also depends on what use the site in question has been ascribed by the government. In this case, it clearly states something along the lines of a tranquil site for reverence or some ***I'm too lazy to go back and read. Basically, you could have a large public park and have parts of that park that are not considered public forums.
The point is generally. In general it's safe to assume that public parks are public forum. I had no idea (and possibly the original woman arrested in 2008 had no idea, it's too late tonight for me to read an article about her) that the interior of the Jefferson Memorial was considered closed public forum.
Edit:
As far as I can tell they did have the right to demonstrate outside the memorial that they believed that they had freedom of expression inside the memorial. That seems somewhat (but not entirely) arbitrary to me, and could provide potential confusion.
However, the fact that the police warned the demonstrators complicates the issue, and takes credibility from the demonstrators.
