What is the test for determining whether public property must be made available as a forum for the exercise of First Amendment rights?
California, United States of America
The following excerpt is from Women's Intern. League for Peace and Freedom, Fresno Branch v. City of Fresno, 223 Cal.Rptr. 182 (Cal. App. 1986):
"[W]e avoid the considerations applicable to ascertaining whether public property must be made available as a forum for the exercise of First Amendment rights." (Wirta v. Alameda-Contra Costa Transit Dist., supra, 68 Cal.2d at p. 54, 64 Cal.Rptr. 430, 434 P.2d 982.)
The court used a discrete preliminary fact analysis:
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