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4 Cards in this Set
- Front
- Back
General Strict Scrutiny
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Gov't has a compelling interest that is narrowly tailored.
Apply when content-based regulation, coerced speech |
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Miller Test
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1.Whether an average person, applying contemporary community standards, finds the work, as a whole, appeals to the prurient interest; 2. Whether the work depicts or describes in a patently offensive way sexual conducts specifically defined by the applicable state law and; 3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
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Advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. Must have both
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Brandenburg Test
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Gov't can regulate the time, place, and manner of otherwise protected speech. (as long as objective, content-neutral). City can regulate speech on private property.
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Time Place Manner
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