What are the two categories of restrictions on the First Amendment?
1. Content-based restrictions
2. Content-neutral restrictions
What are the two categories of content-based restrictions?
1. Subject matter restrictions
2. Viewpoint restrictions
What is a subject matter restriction?
Restriction on a topic, irrespective of ideology, e.g. ban on politics generally
What is a viewpoint restriction?
Restriction on an ideology, e.g. conservatism
What level of scrutiny must content-based restrictions meet?
What level of scrutiny must content-neutral restrictions meet?
What is a prior restraint?
Judicial administrative order which stops speech before it occurs
What level of scrutiny must a court order suppressing speech meet?
What is the consequence of someone violating judicial prior restraint before it is vacated or overturned?
They cannot later challenge it
Can the government require a license for speech?
Yes, as long as certain criteria are met
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
When is a law restricting speech unconstitutionally vague?
When a reasonable person cannot tell what speech is prohibited and what is allowed
When is a law restricting speech unconstitutionally overbroard?
When it regulates substantially more speech than the Constitution allows to be regulated
Laws prohibiting what are unconstitutionally vague and overbroad?
What is symbolic speech?
Conduct which communicates
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
Under this standard, what are two examples of constitutionally protected symbolic speech?
1. Flag burning
2. Burning a cross, unless done to threaten
Under this standard, what are two examples of symbolic speech which are not constitutionally protected?
1. Draft card burning
2. Nude dancing
Is anonymous speech protected?