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15 Cards in this Set

  • Front
  • Back
1St Amendment
Prohibts Congresss from establishing relation or interfering with the free excersise of relation, abrading th freedoms of speech and press, or interfering with th right of assembly. (enforced to statutes by the 14)
Content Regulation
It is presumptively unconditional to place burn dens on speech because of its content. There are subject to intermediate scrutiny. They must advance and import interet unrelated to suppression of speech and must not burden subtailly more speech than necessary.
Conduct
Contect related to speech can be regulated by conent - neutral a time, place manner restoration.
Overlord
punishes a substaial amount of protected speech in relation to its plainly legiatmte speech. (facially invalid)
Void for Vaguesness
reaonable notice of what is prohibited.
Unfettered discretion
there must be defined standard for applying the law. If a statute gives a licensing official unbridles discretion, it is void on its face and speaker need not to apply for a permit.
Scope of Speech
Includes freedom not to speech. The symbolic acts taken to communicate an idea the government has to have an important interet in regulation independent of speech aspect of th eocnduct and incidental burned on speech not greater than necessary.
Public forums an designated Public Forums
historilly open to public speech related activities, and which the government opens to such active. 1. content neutral 2. narrowly tailored to serve can imporatn interest 3. lea vets alternative channgel of channgels.
Injuction
injuction agasit speech in public forums are treated differently from gnerally applicable laws. If the injection is content based it must be necessary to active a complain interest. If the injurcion is conent neutral it must burden no more speech than necessary to active important government inters.
Limited Public Forums
1. must be view point neutral
2. reasonably related to a legitimate government interest.
inciting imminent lawless action
speech can be rude if it creates a clear and present danger of imminent lawless action. It must be shown that imminent illegal conduct is likely and that the speaker intended to cause it.
Fighting words
only true threats are no protected. (very huge vagenss issue)
Obscenity
speech is obscene if it despripes or depicts sexual conduct taken as while by average person would
a. appeal to prurient inters in sex using a community standard
b. petently offensive and an affront to contemporary community standard
c. lack serious value using national reasonable person standard.
Seizure of Books and Movies
warrant required in probable cause. large scale require adversary hearing
Prior Restraint
a. standard must be narrowly drawn, reasonable and definite
b. injection must be promptly be sough
the must be a prompt of determination of the validy of the restraint