8) 1Am - Speech Flashcards Preview

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Flashcards in 8) 1Am - Speech Deck (62)
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1

freedom of speech: source

1A: "Congress shall make no law...abridging the freedom of speech, or of the press, or the right of the people peacably to assemble, and to petition the government for a redress of grievances"

2

1A speech: scope

feds + state (14 DPC)
but do need state action, like always

3

1A :generla principle

1A stops gvt from distorting the marketplace of ideas, esp re pol speech

4

1A: content based restrictions: rule

content-based discrim by gvt --> SS! (usu --> unconst)

5

1A: content based restriction: exs

1) censorship
2) viewpoint discrim

6

1A: content base: cases held this speech ALLOWED

pol speech at parks
flag burning
can't prohibit critical foreign gvt speech near embassies

7

1A: content based restrictions: pass strict scrutiny

some can
ex: ban on child porn even if fake

8

content-based restrictions: EXCEPTIONS: result

not subject to SS (often different test)

9

unprotected or low-value speech: mnemonic

HAFWOUD

10

unprotected or low-value speech: list

HA: hostile audience
FW: fighting words
O: obscenity
U: unlawful advocacy
D: defamation

11

content-based restrictions: EXCEPTIONS:

1) unprotected or low value speech
2) gvt as speaker
3) content-neutral conduct regulation
4) content-neutral place, time, manner regulation

12

unprotected/low value: rule

rational basis!

13

unprotected: unlawful advocacy: def

speech inciting violence or other unlawful action

14

unprotected: unlawful advocacy: test

1) subjective (intent of speaker): imminent, unlawful action +
2) objective: likely in obj fact to produce imminent unlawful action

15

unprotected: fighting words: def

words likely to incite an ordinary citizen to acts of immediate physical retaliation aren't protected

16

unprotected: fighting words: reqs

--direct personal insult (more than annoying or offensive)
--BUT statute facially invalid if conduct proscribed is vague or overbroad
--BUT statute facially invalid if designed to punish certain viewpoints

17

unprotected: hostile audience: def/rule

imminent violent rp against speaker by crowd

BUT, police msut first make reasonable effort to control crowd (before intefering w speaker)

18

unprotected: obscene speech: test

(all) (work as a whole)
1) prurient interests--based on local com standards
2) statute specifically defines sexual conent + patently offensive to local com standard
3) lacks serious literary, artistic, pol, or sci value (SLAPS)

19

unprotected: defamation: rule

depends on:
1) P is pub official or pub figure or neither?
2) st involves matter of pub concern?

20

unprotected: defamation: P is private person, subject is private concern

(speech not protected by 1A so any state defamation law ok)
strict liability ok
(SL: state saying falsity + damages is enough, w/o MR)

21

unprotected: defamation: P is private person, subject is public concern

MR: negligence re truth or falsity of statement (SL not permitted)

22

unprotected: defamation: P is public official or figure (regardless of subject)

P must prove actual malice (knows false or reckless disregard of truth/falsity

23

unprotected: defamation: private person + public concern and false-light invasion of privacy (different tort)

P must prove actual malice

24

unprotected: defamation: false-light invasion of privacy (different tort)

not liable if:
1) truthful info obtained from public record
OR
2) newsworthy + true

25

low-value speech: aka

quasi-protected

26

low-value speech: kinds

1) commercial
2) sexual or indecent

27

commercial speech: def

speech promoting commercial transaction

28

commercial speech: test

1) no 1Am protection if false or advertising unlawful activity

otherwise, this test (like IS):
1) substantial gvt interest
2) regulation directly advances gvt interest
3) reg not greater than nec to serve purpose

29

commercial speech: examples of what state CAN"T ban

--ads w drug prices
--attys advertising

30

commercial speech: ok for state to ban

--L in-person solicitaiton
--commercial billboards