Alabama Supreme Court Rules Challenge to U. Alabama ‘Free Speech Zone’ Can Proceed

That the outdoor areas of a campus of a public institution of higher education shall be deemed to be a forum for members of the campus community, and the institution shall not create free speech zones or other designated outdoor areas of the campus in order to limit or prohibit protected expressive activities….

That the public institution of higher education may maintain and enforce constitutional time, place, and manner restrictions for outdoor areas of campus only when they are narrowly tailored to serve a significant institutional interest and when the restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression.

We agree with the plaintiffs that the designated areas for spontaneous speech are prohibited “free speech zones” under the Act…. The Act establishes the outdoor areas of campus as an open forum for free speech and unambiguously prohibits the carving out of special free-speech areas on campus. The designated areas for spontaneous speech identified in the policy are plainly free-speech zones under the Act, and the Act prohibits such zones.

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