Assignment: Assignment 1 (based on class 2)

The Freedonia Federation to Free the Falcon is an organization in the fictitious city of Freedonia. The organization is dedicated to the removal of all falcons from zoos and their prompt release into the wild.

To raise public awareness for their cause, the organization decides to hold a massive rally that will be broadcast on local television. They figure that the best time and place to hold the rally would be on a subway platform, during the day. They figure that this way, the commuters will see them. In addition, they plan to say to commuters using the platform, “See, you’re free to go anywhere you want. Why shouldn't the falcons have the same rights?”

The organization applies to the city council for a permit to hold their rally on an area of the platform that is off to the side so that it would cause minimal interference with commuters. After consideration, however, the council rejects the application. The council cites the following reasons for its denial:

1) Commuters might be offended and annoyed by the activities of the protesters

2) Despite the protest being located off to the side, the protest might still interfere with traffic

3) Having such a large number of people on the platform may pose a fire hazard.

You are a law clerk working for the judge assigned to this case. The judge asks you to analyze the above reasoning from the council and to prepare an essay researching the following:

Explain and determine whether the subway platform is considered a public forum according to the First Amendment, and whether or not the city’s denial should be affirmed by the court.