Freedom of Speech

Question 1

Content-based Speech

Answer 1

Those regulations that forbid the communicative impact of the expression. Strict scrutiny applies- regulation must be necessary to achieve a compelling governmental interest. Subject matter restrictions: application of the law depends on the topic of the message. Viewpoint restrictions: application of the law depends on the ideology of the message.

Question 2

Obscenity

Answer 2

Speech is considered obscene if it describes or depicts sexual conduct that, taken as a whole, by the average person: 1) appeals to prurient interest in sex (under a community standard, 2) is patently offensive (under a community standard), and 3) lacks serious literary, artistic, political, or scientific value (under a national reasonable person standard).

Question 3

Imminent Lawless Action

Answer 3

Government can ban speech advocating imminent lawless action if it is intended to incite or produce imminent lawless action and is likely to produce such action

Question 4

Content-neutral Speech

Answer 4

Those regulations that are aimed at something other than the communicative impact of the expression. Intermediate review: such regulations are allowed if: 1) they serve a significant government interest, 2) are narrowly tailored to serve that interest, and 3) leave open alternative channels of communication

Question 5

Time, Place and Manner Restrictions

Answer 5

Public forums, Designated Public forums, Limited public forums, Nonpublic forums

Question 6

Public Forums

Answer 6

Generally open to the public and are places that the government is constitutionally required to make available for speech. Regulations must be subject matter and viewpoint neutral, or if not, strict scrutiny must be met. Regulations must be a time, place, or manner regulation that serves an important government purpose and leaves open adequate alternative places for communication

Question 7

Limited Public Forums

Answer 7

Opened for limited use by certain groups or discussion of certain subjects. Government can regulate speech in limited public forums so long as the regulation is reasonable and viewpoint neutral

Question 8

Designated Public Forums

Answer 8

Not traditionally open to the public, but are opened up to the public at large for a specific purpose. The same rules apply as for public forums

Question 9

Nonpublic Forums

Answer 9

Closed to the public. Government can regulate speech in nonpublic forums so long as the regulation is reasonable and viewpoint neutral

Question 10

Commercial Speech

Answer 10

Government may restrict commercial speech (advertising) only if the regulation serves a substantial government interest, directly advances that interest, and is reasonably tailored to serve that interest. Advertising for illegal activity and false and deceptive ads are not protected by 1st amendment.

Question 11

Symbolic Speech

Answer 11

Government may restrict symbolic speech, which is the freedom not to speak or the freedom to communicate an idea by use of a symbol or communicative conduct, if the regulation is 1) within the constitutional power of the government to enact, 2) furthers an important governmental interest unrelated to the suppression of speech, and 3) prohibits no more speech than necessary

Question 12

Vagueness

Answer 12

A speech regulation is unconstitutionally vague if it is so unclearly defined that a reasonable person cannot tell what speech is prohibited and what is allowed

Question 13

Overbreadth

Answer 13

A speech regulation is unconstitutionally vague if it regulates substantially more speech than the constitution allows to be regulated

Question 14

Prior Restraints

Answer 14

Prevent speech from being heard before it even occurs. These are rarely allowed and carry a heavy presumption of unconstitutionality. A prior restraint is only allowed where the government can show that some irreparable or serious harm to the public will occur and then there must be narrowly drawn standards and a final determination of the validity of the restraint