10. First Amendment - I. Introduction Flashcards Preview

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Flashcards in 10. First Amendment - I. Introduction Deck (19)
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1

What are the two categories of restrictions on the First Amendment?

1. Content-based restrictions

2. Content-neutral restrictions 

2

What are the two categories of content-based restrictions?

1. Subject matter restrictions

2. Viewpoint restrictions

3

What is a subject matter restriction?

Restriction on a topic, irrespective of ideology, e.g. ban on politics generally

4

What is a viewpoint restriction?

Restriction on an ideology, e.g. conservatism

5

What level of scrutiny must content-based restrictions meet?

Strict

6

What level of scrutiny must content-neutral restrictions meet?

Intermediate

7

What is a prior restraint?

Judicial administrative order which stops speech before it occurs

8

What level of scrutiny must a court order suppressing speech meet?

Strict

9

What is the consequence of someone violating judicial prior restraint before it is vacated or overturned?

They cannot later challenge it

10

Can the government require a license for speech?

Yes, as long as certain criteria are met

11

What are the criteria to be met to allow government to require a licence for speech?

1, Important reason for licensing

2. Licensing authority must have almost no discretion

3. Procedural safeguards such as prompt determinations of requests

12

When is a law restricting speech unconstitutionally vague?

When a reasonable person cannot tell what speech is prohibited and what is allowed

13

When is a law restricting speech unconstitutionally overbroard?

When it regulates substantially more speech than the Constitution allows to be regulated

14

Laws prohibiting what are unconstitutionally vague and overbroad?

"Fighting words"

15

What is symbolic speech?

Conduct which communicates

16

What is the standard the government must meet in order to regulate symbolic speech?

Government must have an important interest unrelated to the suppression of the message

17

Under this standard, what are two examples of constitutionally protected symbolic speech?

1. Flag burning

2. Burning a cross, unless done to threaten

18

Under this standard, what are two examples of symbolic speech which are not constitutionally protected?

1. Draft card burning

2. Nude dancing

19

Is anonymous speech protected?

Yes