Freedom of Speech (1A) (Generally) Flashcards
1A protection
1A protects the rights of freedom of speech and expressive activities that constitute speech
- applicable to (state) govt by incorporation through 14A
rights to other types of speech
the right to anonymous speech and the right NOT to speak is protected under 1A
- conduct that has no communicative value is NOT protected
content-based restrictions
govt regulations regarding the content of speech (subject matter or viewpoint) are subject to strict scrutiny
Govt must show:
1. the regulation is narrowly tailored,
2. to achieve a compelling govt interest, AND
3. the least restrictive means was used
a little different than reg strict scrutiny
content-neutral restrictions
govt MAY regulate the time, place, and manner of content-neutral speech if it satisfies intermediate scrutiny
Govt must show:
1. the regulation is narrowly tailored,
2. to achieve a significiant govt interest, AND
3. it leaves open alternative channels of communication
a little different than reg intermediate scrutiny
public forums for speech
4 types:
1. public forum
2. designated forum
3. limited forum
4. non-public forum
NOTE: also private property
public forum
place traditionally available to the public for speech
- Content-based restriction: must satisfy strict scrutiny
- Content-neutral restriction: govt MAY regulate time, place, and manner if it satisfies intermediate scrutiny
eg, parks, streets, public sidewalks
designated forum
a place NOT traditionally made available to the public for speech, but govt chose to make it available
- treated the same as a public forum
eg, school makes a classroom open for club meetings
limited forum
non-public forums that were specifically designated by the government as opent o certain groups or topics
- treated the same as a non-public forum
eg, municipal meeting rooms
non-public forum
public places traditionally limited for speech
- govt MAY regulate speech if:
1. reasonable, AND
2. viewpoint neutral
eg, military bases, schools, jails, airports
private property
no right to access another’s private property for speech
public school students
students do NOT lose their 1A free speech rights at school BUT schools are given great latitude to regulate speech
- a school MAY regulate speech if it shows that the conduct regulated would materially and substantially interfere w/ the operation of the school
govt employees
2-step test to determine if their speech is protected:
Step 1: Did employee speak as a citizen on a matter of public concern?
- No: speech is NOT protected
- Yes: go to step 2
Step 2: Did the govt entity have an adequate justification for treating the employee differently from any other member of the general public (based on govt interests as an employer)?
- The court must balance the employee’s rights v. the govt employer’s interests
govt employee’s official duties
if a govt employee speaks pursuant to their official duties, then speech is NOT protected
expressive conduct / symbolic speech
the expression of ideas through non-verbal actions
- treated the same as verbal speech
prior restraint
occurs when the govt attempts to prohibit speech before it happens through a court order or licensing requirements
- generally disfavored and unconstitutional EXCEPT in very limited circumstances (ie, where national security is at stake)
- court orders preventing speech must satisfy strict scrutiny
