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13 Cards in this Set
- Front
- Back
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Speech
Content-Neutral Regulation |
Intermediate:
1) important interest (not related to speech) 2) not burden substantially more speech than necessary |
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Speech
Content-Based Regulation |
Strict:
1) necessary 2) compelling state interest 3) narrowly tailored to serve that interest |
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Commercial Speech
Lawful, undeceptive |
Can be regulated if:
1) substantial gov. interest 2) directly advances interest 3) narrowly tailored |
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Conduct-Based Regulation
Time/Manner/Place Regulations Public Forums Designated Public Forums |
1) content-neutral
2) narrowly tailored to serve important govmt. interest 3) leaves alternative channels of communication |
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Conduct-Based Regulation
Time/Manner/Place Injunctions -- Content-Based Public Forums Designated Public Forums |
1) necessary
2) compelling gov. interest 3) narrowly tailored to serve interest |
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Conduct-Based Regulation
Time/Manner/Place Injunctions -- Content-Neutral Public Forums Designated Public Forums |
1) burden no more speech than necessary
2) important gov. interest |
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Conduct-Based Regulation
Time/Manner/Place Regulations Limited Public Forums Non-public Forums |
Regulations to reserve forum for its intended use:
1) viewpoint neutral 2) reasonably related to legitimate government purpose |
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Government Funding of Speech
Public Speech |
1) rationally related
2) legitimate state interest |
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Government Funding of Speech
Private Speech |
Viewpoint neutral
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Licenses for Speech
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1) important govt. interest
2) clear criteria 3) no discretion to licensing authority |
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(School Extracurriculars)
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1) Viewpoint neutral
2) Reasonably related to legitimate gov interest |
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Regulation of Freedom of Association
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1) compelling government interest (unrelated to speech)
2) least restrictive means |
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Prior Restraints
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1) necessary
2) to prevent societal harm 3) procedural safeguards (if met, must apply; if not met, do not need apply) 1) narrowly drawn, reasonable, definite standards 2) injunction must be promptly sought 3) prompt and final determination of validity of restraint |
