Content-Based Regulations

Question 1

Content-based regulations are:

Answer 1

Restrictions where the govt is restricting discussions of certain topics, certain viewpoints, or speakers

Question 2

Content-based regulation Rule

Answer 2

Content based regulation of protected speech is presumed unconstitutional and will be subject to strict scrutiny level of review.

Question 3

Content based regulation is permissible if:

Answer 3

The govt must prove that the regulation is:

(1) necessary to serve a compelling government interest and
(2) is narrowly tailored to achieve that purpose.

Question 4

Govt employees (Rule)

Answer 4

Govt can regulate speech of govt employees to a greater extent than of non govt employees.

Question 5

Govt employees - Govt can punish speech if it:

Answer 5

1. disrupts operation of office,
2. undermines authority, or
3. destroys close working relationships.

Question 6

Govt cannot regulate speech of public employee if:

Answer 6

(1) it relates to a matter of public concern, and
(2) the employee’s interest in the speech outweighs the govt’s interest in maintaining an efficient and effective workplace.

Question 7

Students (rule)

Answer 7

If student is involved in school speech, govt can regulate content if related to curriculum involves standards of decency, or materially disrupts school activity