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Specifically, this Note will argue that the First Amendment applies to location-based augmented reality games in public forums, and, furthermore, the First Amendment protects designers and players of location-based augmented reality games in public forums. This Note will not discuss these location-based games within the context of privacy rights or trespassing, issues that have been written about elsewhere. Part I of this Note will explore the law regarding freedom of speech and freedom of assembly in public forums, and permissible regulations of speech and assembly, including time, place, and manner restrictions and prior restraints, such as permits. Part II will discuss Candy Lab, Inc. v. Milwaukee County, the first reported case to address whether location-based augmented reality games have First Amendment protection. Part III will explore the extent to which the First Amendment protects the designers and players of location-based augmented reality games, and possible regulations the government may use to lawfully curb the rights of the designers and players.



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