Keister v. Bell

Issue: (1) Whether the U.S. Court of Appeals for the 11th Circuit erred in relying on the government"s (or its delegee"s) intent to regulate speech in determining that public sidewalks adjacent to government buildings are not traditional public forums, in conflict with decisions by this court and numerous circuits; and (2) whether the status of a public sidewalk as a protected traditional public forum should be determined by the text, history and tradition of the First Amendment rather than by an indeterminate multi-factor balancing test.