Die Bindung der Betreiber öffentlicher Räume an die Kommunikationsgrundrechte

The public space occasions social discourse. Recently its legal status is changing: spaces controlled by the state are supplemented by indistinguishable privately owned spaces. The legal ambiguity caused by this affects the fundamental rights of communication (e.g. the right of public assembly, artistic and religious freedom).
The study uncouples the legal phrasing “öffentlicher Raum” from the context of the law of public property and creates a new definition. By comparing the kinds of binding forces of fundamental rights on the state and private owners of public spaces and using an idea from the Fraport-decision of the Federal Constitutional Court the study develops new possibilities to safeguard adequate levels of freedom in conducting personal communications on privatized premises. In addition to comparative legal considerations on public fora in the US, the study focusses on the social obligations property imposes pursuant to Art. 14 Section 2 of the German Constitution.