| 英文摘要 |
The purpose of an assembly or parade is to convey opinions by gathering of groups for further support. As a result, assemblies or parades frequently take place in public facilities with crowds, such as parks or squares managed by nations or local governments. Yet, because of crowds in assemblies and parades as well as their actions subsequently interfere with users of other venues for the fair use of public environment. Accordingly, based on the traditional theory of public establishment, competent authority of public facilities is rather unwilling to permit the application of the use of their facilities for the purpose of assemblies and parades as the application is subsequently denied citing incongruent use of public facilities. When the refusal is offered on the application of the use of public facilities because it doesn’t meet the goals of establishment of these facilities, the constitutional right of the freedom of assembly and parade is hence violated. This study suggests that the theory of public forum, established from the judicial practices and judgements of the United States and hereafter used to assure people the freedom of expression, should be introduced to our nation as a better solution. In this study, it is argued that the notion of utilization of public facility should be discussed according to the theory of public establishment, and the obligation of a nation to actively offer places for assemblies and parades is also examined. By introducing the theory of public forum, advices and suggestions will be provided to help deal with the relevant issues. |
