Court in no way suggests, and perhaps with its use of the term “all” implies the contrary, all streets, sidewalks, and parks on a public university are non-traditional public fora. Indeed, the Court’s reading is in tension with its position a public university campus contains a variety of fora. See Justice for All v. Faulkner, 410 F.3d 760, 766 (5th Cir.2005); Ala. Student Party v. Student Gov’t Ass’n, 867 F.2d 1344, 1354 n. 6 (11th Cir.1989) (Tjoflat, J., dissenting). If a public university contains a space which is properly considered a traditional public forum, which it almost certainly does, I cannot think of a more appropriate traditional public forum than a street, sidewalk, or park. For this reason, I disagree with Am. Civil Liberties Union v. Mote, 423 F.3d 438 (4th Cir.2005) (<HOLDING>). Mote stands for the proposition the campus as
holding because the campus is an institution of higher learning its outdoor areas are not held open to the general public holding that for purposes of aerial surveillance using sophisticated equipment the open areas of an industrial or business complex are not analogous to the curtilage of a dwelling but falls somewhere between open fields and curtilage recognizing a university campus as limited public forum holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees holding that investigator who covertly videotaped plaintiff playing the piano during a church service attended by over 140 people which was open to the general public and at which no signs were posted indicating that videotaping was prohibited did not violate plaintiffs physical solitude and seclusion because it simply captured activity that was open to the public observed by many and which the investigator or any other of the church attendees could have testified to witnessing at trial moreover it is undisputed that the investigator confined his videotaped surveillance to areas of the church that were open to the public