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13 Cards in this Set

  • Front
  • Back
What's the difference in tests btw content-based and content-neutral restrictions?
1. Content-based: must meet strict scrutiny.
2. Content-neutral: generally intermediate scrutiny.
What are the 2 types of content-based laws?
1. Subject matter restrictions - application of the law depends on the topic of the message
2. Viewpoint restrictions - application of the law depends on the ideology of the message.
What test must court orders that suppress speech meet?
Strict scrutiny.
Procedurally proper court orders must be complied with until they are vacated or overturned. A person who violates a court order is barred from later challenging it.
Gag orders on press is usually not allowed.
When can gov't require a license for speech?
Only if there is an important reason for licensing and clear criteria leaving almost no discretion to the licensing authority. Licensing schemes must contain procedural safeguards such as prompt determination of requests for licenses and judicial review.
What are vagueness and overbreadth?
1. Vagueness - a law is unconstitutionally vague if a reasonable person can't tell what speech is prohibited and/or allowed.
2. Overbreadth - A law is unconstitutionally overbroad if it regulates substantially more speech than the constitution allows to be regulated.
How to categorize fighting words laws?
As unconstitutionally vague and overbroad.
Can the gov't regulate symbolic speech?
It can if gov't has an important interest unrelated to suppression of the message, and if the impact on communication is no greater than necessary to achieve to govt's purpose.
Protected: flag and cross burning, contribution limits
Not protected: draft card burning, nude dancing, expenditure limits in election
What speech is unprotected or less protected by the 1st?
1. Incitement of illegal activity
2. Obscenity and sexually-oriented speech
3. Commercial speech
4. Defamation
5. Privacy
Less protected speech category.
Definition of this type of speech?
Gov't may punish speech if there is a substantial likelihood of imminent illegal activity and if the speech is directed to causing imminent illegality.
The Test under this type of speech?
1. The material must appeal to a prurient (excites lustful or lascivious thoughts) interest
2. Material must be patently offensive under the law prohibiting obscenity
3. Taken as a whole, the material must lack serious redeeming artistic, literary, political, or scientific value
Things gov't can do under this type of speech
1. Use zoning ordinances
2. Child porn may be completely banned
3. May punish private possession of child porn (but not obscene materials)
4. May seize the assets of businesses convicted of violating obscenity laws.
Is profane and indecent speech generally protected by the 1st amendment?
Yes, but
1. Not necessarily over the broadcast media OR
2. In schools