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A traditional public forum is where speech/expression is supported by the first amendment and when the government's ability to regulate speech is reduced like a sidewalk or state park. Whereas a designated public forum is “for use by the public as a place for expressive activity”, like social media.
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
A designated forum is usually public property the government opens for public expression, such as theatres and state schools. [40] The difference between traditional public forums and designated public forums is in a designated public forum the government may limit access to the area to only certain groups, speakers, or subjects, so long as ...
By initiating the action before the forum court, the plaintiff is asking for the grant of the local remedies. This will not be a problem so long as the form of the relief is broadly similar to the relief available under the lex causae, i.e. the law selected under the choice of law rules. But forum courts may refuse a remedy in two situations:
A public forum is a public place, such as a street or park, that "time out of mind, [has] been used" for expressive purposes. [3] In the traditional public forum, speech restrictions must be content-neutral, be narrowly tailored to serve a significant government interest , and leave open ample alternative channels of communication.
Under New York law, public schools may adopt regulations under which they open their facilities to public use during non-school hours. In 1992, Milford Central School adopted regulations under this law, allowing district residents to use the school for "instruction in any branch of education, learning, or the arts," and making the school available for "social, civic, and recreational meetings ...
The forum is not convenient to the defendant or his witnesses. There may be problems of expense of travel, health, or visa or entry permit. The court, the judge, or the law is most likely to favour the plaintiff's case. The defendant may take the following actions to seek a change of venue:
The court may have adopted a rule of law which prevents it from applying any procedural law other than its own. This can include the court's own choice of law rules. A danger exists if the choice of law requires that a case be heard elsewhere due to the forum's lack of expertise in deciding an issue of foreign law.