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4 Cards in this Set

  • Front
  • Back
General Strict Scrutiny
Gov't has a compelling interest that is narrowly tailored.
Apply when content-based regulation, coerced speech
Miller Test
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.
Advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. Must have both
Brandenburg Test
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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