Constitutional Law- Freedom Of Speech

Front 1

General Principles

Back 1

1. Government Speech

2. Content v. Conduct

3. Reaosnableness of Regulation

4. Scope fo Speech

Front 2

Regulation Buckets

Back 2

1. Time, Place, and Manner Restrictions- Regulation of Conduct

2. Unprotected Speech- Regulation of Content

3. Prior Restriaints

4.Freedom of the Press

Front 3

Freedom of Speech protects

Back 3

private speech from government regulation

Front 4

Government Speech

Back 4

Free Speech Clause does not

 

1. require government to aid private speech

2. restrict the government from expressing its views including funding of government speech)

3. upheld if rationally related to a legitimate state interest

 

 

 

Front 5

Government Speech Limitations

Back 5

May not impose conditions that limit first amendment activities of fund recipients outside of the scope of the spending progam itself.

Front 6

Public Monuments

Back 6

city's placement of permanent monument in public park is govenrment speech, even if privately donated.

 

subject to rational basis.

Front 7

Government funding of private speech

Back 7

must be view-point neutral

 

exception: fine arts

Front 8

Content regulation

Back 8

resulation forbidding communication of specific ideas

Front 9

Conduct regulation 

Back 9

regulations of conduct associated with speaking

Front 10

Content based regulations are __

Back 10

presumptively unconstitutional.

Front 11

Content neutral regulations are subjec to  ___ scrutiny

Back 11

intermediate

 

they must advance a important interest unrelated to the suppresion of speech and ust not burden substnatially more speech than necessary (or narrowly tailored) to further those interests.

Front 12

Substantially overbroad regulations are ___ and may not be____. If not substantially overbroad it may be ___.

Back 12

facially invalid;

enforced against any speech, even unprotected

enforced against unprotected speech

Front 13

What type of speech statutes are typically void for vagueness?

Back 13

lewd

fighting words

Front 14

Official discretion over speech issues

Back 14

Officials cannot have unfettered discretion 

 

must be defined standards

 

unbridled licensing discretion = void on its face

Front 15

Scope of Speech

Back 15

Freedo mnot to speak. 

 

Includes symbolic acts

 

gonverment may regulate symbolic if important interest in regulation independent of speech aspects 

Front 16

Mandatory FInancial Support

Back 16

can be compelled to pay tax and use revenue to support a dissagreeable message 

 

cannot be compelled to subsidize private dissagreeable messages (except student activty fee)

Front 17

Forums for regualtion of conduct

Back 17

1. Public

2. Designated 

3. Limited

4. Nonpublic

Front 18

Public Forums 

Back 18

historically held open for speech

 

streets, sidewalkes, public parks

Front 19

Designated Forums

Back 19

historically NOT held open for speech BUT

 

govenrment has thrown open for such activities on a permenant or limited basis, by practice or policy.

 

(e.g. schoolrooms open for after-school use)

Front 20

Regulation of public and designated forums

Back 20

may be regulated with reasonable time, place, manner regulations that

 

1. are content neutral

2. narrowly tailored to serve important government interest (NOT least restrictive)

3. leave open alternative channels of communication

Front 21

If valid time, place, manner restriction, still could be invalid for 

Back 21

overbroad

vague; or 

unfeterred discretion

Front 22

Public Forum Injunctions

Back 22

If content based, must be necessary to achive a compelling interest.

 

In content-neutral, must burden no more speech than is neecssary to achieve an important govnermetn interest.

Front 23

Limited Public Forums

Back 23

government property not historically linked with speech and assembly but opened for specific speech acitivty 

 

(e.g. debate on a particular community issue)

Front 24

Non Public Forums

Back 24

government property not historically linked with speech and assembly and not held open for speech acitvities

 

(e..g military bases, schools whils class in session, governmetn workplace)

Front 25

Regulation of limited and nonpublic forums

Back 25

may regulate if

 

1. viewpoint neutral; and

2. reasonably related to a legitimate government purpose 

Front 26

Unprotected Speech- Regulation Based on Content

Back 26

Regulation Based on Content must be:

 

necessary to achieve a compelling government interest. 

 

A compelling government interest is found in teh unprotected speech categories.

Front 27

Unprotected Speech

Back 27

1. Inciting Imminent Lawless Action

2. Fighting Words

3. Obscenity

4. Defamatory Speech

5. Some Commercial Speech

Front 28

Inciting Imminent Lawless Action

Back 28

creates a clear and present danger of imminent lawless action.

 

must be shown that: 

imminent illegal conduct is likely AND

speaker intended to cause it.

Front 29

Fighting Words

Back 29

personally abusive words that are likely to incite immediate physical retaliation inan average person. Includes true threats.

 

Cannot be view-point based or merely annoying.

 

(e.g. cross burning carried out with intent to intimidate)

Front 30

Obscenity

Back 30

1. appeals to prurient interest in sex, using community standards;

 

2. patently offesive, using contemporary community standards; and

 

3. lacks serious value (literary, scientific, political, artistic), using national standard.

Front 31

Community standards are

Back 31

local or statewide

Front 32

Obscenity standard for minors

Back 32

may be different than general standard

 

but cannot prohibit sale or distribution of material to adults because inappropraite for children.

 

visual depictions of minors, obscene

 

simulated pictures of minors, not obscene

Front 33

Land Use Regulations on adult entertainment establishments

Back 33

May NOT ban adult entertainment establishments all together.

 

MAY limit the location or size to reduce secondary effects (e.g.  rise in crime rates drop in property value)

Front 34

Private Posession of Obscene Material

Back 34

cannot be punished ONLY in the home  UNLESS

 

child pornography

Front 35

Defamatory Speech

Back 35

regulation of defamatory statements may be burdened.

 

If public official or public figure or involving public concern, First Amendment requires plaintiff prove all elements PLUS

 

falsity and

fault

Front 36

Commercial Speech General Rule

Back 36

Protected by First Amendment if truthful.

 

If commercial speech proposes unlawful activity or is misleading or fraudulent may be regulated/burdened.

Front 37

Regulation of commercial speech that is truthful requirements

Back 37

1. serves a substantial government interest

2. directly advances that interest; and

3. is narrowly tailored to serve that interest

 

no least restrictive, just reasonable fit

 

may require disclosures, but no complete bans

Front 38

Prior Restraint Standard

Back 38

government must show some:

 

special societal harm will otherwise result.

Front 39

Prior Restraint Safeguards

Back 39

prior restraint must have following safeguards:

 

1. standards must be narrowly drawn, reasonable, and definite.

 

2. injunction must be promptly sought; and

 

3. must be prompt and final detemriantion of validity of restraint

Front 40

Obcenity Prior Restraint Mechanisms

Back 40

1. Seizure of obscene material, need warrant to seize but if for sale may purchase. Large scale seizure requires fulls cale adversary hearing on obscenity.

 

2. movie censorship, censorship boards ok long as safeguards in place.

Front 41

Freedom of Press

Back 41

Genearlly, the press ahs no greater right than a private citizen.

Front 42

Stanadard for Publication of Truthful Information

Back 42

Must be narrowly tailored to further an interest of the highest order.

 

Newspapers are subject to strict scrutiny

Front 43

Access to Trials

Back 43

press have right BUT may be outweighed by an overriding interest in trial judge's findings

 

narrowly tailored to preserve a higher value

Front 44

Press Before Grand Jury

Back 44

Valid

Front 45

Interviewing Prisoners 

Back 45

No right to interview prisoners or inspect prisons

Front 46

Business Regulation or Tax

Back 46

can be subject to general business regulations, but not targeted for special regulation or taxes.

 

impacting regulations cannot be based on content of publication UNLESS compelling justificaiton 

Front 47

Broadcast Regulations

Back 47

Radio and TV broadcast more closely regulated than press.

 

rigth of viewers and listeneres is paramount to right of broadcasters to broadcast as they want

 

can forbid newspaper ownership of radio stations and indecent speech over airwaves

Front 48

Fairness Doctrine

Back 48

radio station may be constitutionally required to offer free broadcasting time to certain indivdiuals 

 

(e.g. opponents of candidates endoresed by station, persons personally attached in a broadcast)

Front 49

Cable TV Regulation

Back 49

cable tv transmissions are subject to review inbetween strict scrutiny and broadcast level

 

content based- strict scrutiny

content neutral- intermediate

Front 50

Internet Regulation

Back 50

closer to strict scrutiny 

Front 51

In freedom of speech strict scrutiny applies to

Back 51

content based 

newspapers

Internet (closer to strict)

prior restraints

Front 52

In freedom of speech intermediate scrutiny applies to

Back 52

content neutral

public forums

designated public forums

commercial speech

Front 53

In freedom of speech rational basis scrutiny applies to

Back 53

government speech

limited public forums

nonpublic forums