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20 Cards in this Set
- Front
- Back
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Factors for Obscenity |
1. Pruent interest in sex 2. Portrayed in a patiently offensive way 3. No Literary Artistic Political or Scientific value |
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Community standards can be used for |
1. Pruient interest in sex 2. Portrayal in a patently offensive way |
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Can state apply different obscenity standard to minors? |
Yes |
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Things considered fighting words |
True threats of bodily harm
things likely to incite violence |
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1st amendment restricts |
Government control on private speech |
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Does first amendment restrict government speech ? |
NO |
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Government placing monument in public park is |
Government speech |
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Content Neutral Regulation |
Limited as to subject matter and viewpoint |
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Limited Public Property |
Most Public Property and Gov't property opened up for specific speech activities. |
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Minimum level of fault a private individual must prove in defamation with matters concerning public |
Negligence |
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Public forum |
Places historically open to free speech |
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Content based regulation is unconstitutional unless |
Necessary to achieve compelling state interest |
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A time place and manner regulation of limited public forum is ok if |
Viewpoint neutral Rationally related to legitimate government purpose. |
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When Public Figure is suing for defamation the minimum level that must be proved is? |
Malice |
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A person can become public figure by |
being intertwined in the affairs of society. |
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A Regulation that concerns truthful advertisement concerning lawful actions will be valid if it |
Serves substantial government interest Narrowly tailored to advance that interest. |
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Symbolic speech regulations need only |
Further government interest be unrelated to the suppression of speech Constitutional burden no more speech than is necessary. |
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Content Neutral Regulation |
Narrowly tailored to an important government interest
unrelated to the suppression of speech |
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Regulations of public forums must be |
Content neural narrowly tailored to serve important interest Leave open alternate channels of communication |
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Does public forum regulation have to be least restrictive? |
NO |
