Spatial Frameworks and the Management of Dissent: From Parks to Free Speech Zones

The space in which dissent is performed, and the way that space is used to manage dissent, has generally been understudied in the legal literature. This article examines how spatial frameworks—popular ideas about the importance of space to democracy—have influenced legal decisions about the management of dissent. Three spatial frameworks, Property, Place and Planning, are identified. It is suggested that each framework brings with it assumptions about the value of dissent to society, the use of public space for expressive purposes, and the amount of expressive freedom citizens enjoy in the realization of democracy. Through an examination of the historical transition from Property, through Place, to today's Planning Framework, this article demonstrates how different frameworks have influenced the management of dissent. It concludes by arguing that today's Planning Framework, as played out in the creation of free speech zones, undervalues the importance of dissent to society.