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13 Cards in this Set

  • Front
  • Back
Are advertising for illegal activity and false/deceptive ads protected.
No, not protected by 1st.
Types of commercial speech that inherently risk deception, and can be prohibited?
1. Preventing professionals from advertising or practicing under a trade name
ie. atty, in-person solicitation of clients for profit (doesn't apply to accountants)
Other commercial speech?
May be regulated if intermediate scrutiny is met.
Gov't regulation of commercial speech must be?
Narrowly tailored, but it does not need to be the least restrictive alternative.
Rule if P is a public official or running for public office?
P must prove Falsity and Actual Malice.
Rule if P is a public figure (one who thrusts himself into the limelight)?
P must prove Falsity and Actual Malice.
If P is a private figure and the matter is of public concern?
P must prove Falsity and Negligence.
Presumed or punitive damages only through a showing of Actual Malice.
If P is a private figure and matter is NOT of public interest?
P can recover presumed or punitive damages without showing actual malice.
Test: Unclear, probably negligence.
Unclear burden: possibly on D to prove truth.
Can gov't create liability for the truthful reporting of information that was lawfully obtained from the gov't
Is liability allowed if the media broadcasts a tape of an illegally intercepted call?
No, if the media did not participate in the illegality AND it involves a matter of public importance.
The gov't may limit its dissemination of info to protect privacy ... BUT?
But press and public have a right to criminal proceedings.
Speech by gov't employees on the job?
Such speech during the performance of their duties is not protected.
Other gov't restrictions based on the content of speech?
Must meet strict scrutiny!