Constitutional Law Mbe

Front 1

Review Level for content-neutral speech regulation

Back 1

intermediate scrutiny - advance important interest unrelated to the supression of speech and must not burden substantially more speech than necessary to further those interests

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Review for direct burden on content of speech

Back 2

presumptively unconstitutional except for obscenity / defamation . etc

Front 3

allowable regualtion of conduct related to speech

Back 3

content-neutral time, place, and manner restrictions

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review level for regualtion of symbolic acts

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government can regulate if it has an important interest in the regulation independent of the speech aspects of the conduct and the incidental burden on speech is no greater than necessary

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permissive forms of regulation for speech in public forums and designated public forums

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reasonable time, place, and manner restrictions that are
1. content-neutral,
2. narrowly tailored to serve a significant / important governmnet interest
3. leave open alternative channels of communication

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3 general prohibitons for regualtions on speech

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1. overbroad
2. vague
3. gives unfettered discretion

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review for content based injunction against speech in a public forum

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necessary to achieve a compelling interest

Front 8

review for content neutral inuunction against speech in a public forum

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it must burden no more speech than is necessary to achieve a significant government interest

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valid regualtion of speech in non-public forum

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must be
1. viewpoint neutral
2. and reasonably related to a legitimate government interest

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review for restrictions on the content of speech

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narrowly tailored to achieve a compelling government interest - includes inciting imminent lawless action, fighting words, obscenity, defamatory speech, commercial speech that proposes unlawful activity or that is misleading or fraudulent

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test for obscenity of speech

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1. aooeals to the prurient interest in sex (community standard)
2. patently offensive (community standard)
3. lacks serious value (national reasonable person standard)

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review for regualtion of commercial speech that is not misleading/fraudulent/proposing unlawful activity

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regualtion will be upheld if it:
1. serves a substantial governmnet interest
2. directly advances that interest
3. is narrowly tailored to serve that interest

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meaning of narrowly-tailored

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1. does not require the least restrictive means of accomplishing the legislative goal
2. must only be a reasonable fit between the goal and the means chosen

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review for prior restraints

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government must show that some special societal harm will result otherwise

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procedural safeguards for prior restraints to be valid

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1. standards are narrowly-drawn, reasonable, and definite
2. injunction is promptly sought
3. prompt and final determination of the validity of the restraint

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review for a tax or regualtion impacting on the content of the press / a publication

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compelling justification

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general review for regualtion of newspaper

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strict scrutiny

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general review for regualtions of broadcast media

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review less critical than strict scrutiny

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review for regulations of cable television transmissions that are content - neutral

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intermediate scrutiny

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review for regulations of cable television transmissions that are content - based

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strict scrutiny

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review for infringements on feedom of association

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1. compelling state interest unrelated to the supression of ideas
2. least restrictive means of protecting the government interest involved

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review for regulation of the electoral process

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balancing test:
1. severe restriction on 1st Amendment activity requires strict scrutiny
2. reasonable restrictions that are nondiscriminatory will generally be upheld

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review for statute kimiting election campaign contributions

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intermediate scrutiny - closely drawn to match a sufficiently important interest

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review for firing of EE for speech-related conduct regarding a matter of public concern

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court will balance EE's rights as a citizen to comment on matters of public concern with the govt's's interest as an ER in efficient performance of public service

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review for firing of EE for speech-related conduct NOT regarding a matter of public concern

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courts give wide deference to the gov't ER's judgment

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review for government regulation that prefers one religious sect over another

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narrowly tailored to promote a compelling interest

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test for validity under the Establishment clause

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1. secular purpose
2. primary effect that neither advances nor inhibits religion
3. does not produce excessive governmnet entanglement with religion