I asked Perplexity: “why isn’t there a right to public space in the constitution?”
The U.S. Constitution does not explicitly include a “right to public space” because it focuses on protecting specific freedoms, such as speech, assembly, and petition, rather than guaranteeing access to physical spaces. However, these rights are often exercised in public spaces like parks and sidewalks, which are considered “traditional public forums” under First Amendment jurisprudence[1][3][5].
While the Constitution protects free expression in public forums, this access is not absolute and can be subject to reasonable restrictions based on time, place, and manner[1][3]. Additionally, the privatization of public spaces and the lack of explicit constitutional recognition for public space rights have limited their availability for exercising civil liberties[2][4]. Some argue that a formal right to public space could strengthen protections against privatization and ensure meaningful access for all citizens[2].
Citations:
[1] Access to Public Property | Digital Media Law Project https://www.dmlp.org/legal-guide/access-public-property
[2] The Right to Public Space – Metropolitics https://metropolitics.org/The-Right-to-Public-Space.html
[3] Government Speech and Government Property Under the First … https://constitution.findlaw.com/amendment1/government-speech-and-government-property-under-the-first-amendm.html
[4] Quasi-Public Places | U.S. Constitution Annotated | US Law https://www.law.cornell.edu/constitution-conan/amendment-1/quasi-public-places
[5] Know Your Rights | Protesters’ Rights – ACLU https://www.aclu.org/know-your-rights/protesters-rights
[6] Amdt1.7.7.3 Quasi-Public Places – Constitution Annotated https://constitution.congress.gov/browse/essay/amdt1-7-7-3/ALDE_00013544/
[7] Amdt1.9.3 Access to Government Places and Papers https://constitution.congress.gov/browse/essay/amdt1-9-3/ALDE_00000765/
[8] [PDF] First Amendment Rights and the Use of Public Facilities by Private … https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=3043&context=wlulr