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12 Cards in this Set

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  • Back
What are types of expression?
Verbal
-oral
-written
Visual
Symbolic
Vagueness
-A law is UC'lly vague if a reasonable person cannot tell what speech is prohibited adn what is permitted
Example of vagueness:
Criminal offense for "three or more persons to assemble..on any of the sidewalks..and there conduct themselves in a manner annoying to persons passing by..."(Coates v. Cincy)
Overbreadth
A law is UC'll overbroad if it regulates substantially more speech that the C allows to be regulated and a person to whom the law C'lly can be applied can argue that it would be UC as applied to others
Example of overbreadth:
"The Central Terminal Area at LAX is not open for First A activities by any individual or entity."
In overbreadth:
-Normal Standing restrictions are relaxed
-substantial overbreadth is required
-Limiting construction may prevent invalidation
--State/local law must have limiting interpretation by highest state court at time of federal decision (page 947 Chem supplement)
-Overbreadth doctrine does not apply to commercial speech
--not concerned about the chilling effect on businesses
In order to support patriotism and respect for the American flag, a member of the Sunnydale city council has proposed an ordinance stating that on Flag Day, "no flag other than the flag of the United States of America shall be publicly displayed in Sunnydale for any purpose whatsoever."
Challenged on First A vaguness and overbreadth grounds:
I'm going with overbroad but not vague
4 incitement tests
Clear and Present Danger
Reasonableness
Risk Formula
Brandenburg
Brandenburg Test
"Advocacy is directed to inciting or producing imminent lawless action and is likely to incidet or produce such action."
Elements
-Intent
-Imminent Harm
-Likelihood
Limitations of Fighting Words
-Narrowing interpretations
-vagueness/overbreadth
-content restrictions (R.A.V.)
Fighting Words Slide
"The Police are worthless. This is f-ing bullshit:
"You're a f-ing jackass"
"Just b/c you've got a f-ing badge, you think you can f with people?"
R.A.V. Exceptions
"When the basis for the content discrimination consists entirely of the very reason the entire class of speech is proscribable, no significant danger of idea or viewpoint discrimination exists."
"The subclass [of proscribable speech] happens to be associated with particular 'secondary effects' of speech, so that the regulation is 'justified without reference to the content of the...speech."