2015 - Mbe - Con Law - First Amendment (Speech)

Front 1

What is a content based restriction?

Back 1

- Forbids the communication of specific ideas
- Generally has to meet strict scrutiny

Front 2

What are the two types of content based restrictions?

Back 2

1. Subject matter restrictions - topic
2. Viewpoint restrictions - Viewpoints (strict)

Front 3

What standard is required for content restrictions on viewpoints?

Back 3

- Must meet strict

Front 4

Generally, what standard do content neutral laws burdening speech have to meet?

Back 4

intermediate

Front 5

What standard is required for prior restraint?

Back 5

- Strict scrutiny

Front 6

Are gag orders on the press to prevent prjudicial pretrial publicity?

Back 6

NOT allowed

Front 7

What are the two requirements for government requiring a license for speech?

Back 7

1. Clear criteria leaving almost no discretion to the licensing authority
2. Procedural safeguards such as prompt determination of requests for licenses and judicial review of license denials

Front 8

When is a speech law void for vagueness?

Back 8

if a reasonable person cannot tell what speech is prohibited and what is allowed

Front 9

When is a speech law void for overbreadth?

Back 9

- if it regulates substantially more speech than the constitution allows to be regulated
- Means you are property regulating certain speech, but prohibiting more than you should.

EX: saying that there is an ordinance preventing all live ordinances to shut down nude dancing. Too overbroad because it would shut down other stuff.

Front 10

What three things are required for the government to regulate symbolic speech?

Back 10

Gov can regulate conduct that communicates if:

1. Gov has an important interest
2. Unrelated to the suppression of the message; AND
3. Impact on the communication is no greater than necessary to achieve the gov.'s goal

Front 11

Are limits on campaign contributions allowed?

Back 11

YES, but can't limit expenditure limits

Front 12

What is required for government speech and funding of speech to be constitutional?

Back 12

- Rationally related to a legitimate state interest.
- so, first amendment does not require the gov to aid private speech, or restrict government speech.

Front 13

What are the six types of speech that get less or no 1st Am protection?

Back 13

1. Incitement of illegal activity
2. Obscenity and sexually-oriented speech
3. Commercial speech
4. Defamation
5. Speech related to privacy
6. Speech by Gov. employees

Front 14

What are the three requirements for punishing incitement of illegal activity?

Back 14

1. There is a substantial likelihood of
2. Imminent illegal activity; AND
3. the speech is directed to causing imminent illegality

Front 15

What are the three things required to restrict Obscene speech?

Back 15

1. Material appeals to the prurient interest or a shameful or morbid interest in sex (community standard)
2. The material must be patently offensive (community standard)
3. taken as a whole the material lacks serious redeeming artistic, literary, political, or scientific value (National standard)

Front 16

When are the two times profane and indecent speech is not protected?

Back 16

1. Free over the air broadcast media (e.g. george carlin)
2. In schools

Front 17

What are the two types of commercial speech that is not protected by the 1st amendment?

Back 17

1. Advertising for illegal activity, and false and deceptive ads
2. true commercial speech that inherently risks deception

Front 18

What is required to regulate commercial speech that is protected by the 1st amendment?

Back 18

- Intermediate scrutiny
- Narrowly tailored

Front 19

What are the two things required for a public official/Public figure to sue for defamation?

Back 19

1. clear and convincing evidence of the falsity of the statement
2. Actual malice (knew the statement was false or acted with reckless disregard of the truth)

Front 20

What are the two ways actual malice can be met for defamation?

Back 20

1. Knew the statement was false; OR
2. Acted with reckless disregard of the truth

Front 21

What types of defamation damages can be recovered by public officials/figures?

Back 21

1. Compensatory
2. Presumed/punitive

Front 22

What two things must a private figure regarding a matter of public concern prove for defamation?

Back 22

1. Negligence;
2. Falsity of the statement

Front 23

What damages are available for a private figure regarding a matter of public concern in defamation?

Back 23

1. compensatory
2. presumed or punative (only with actual malice)

Front 24

What is negligence for defamation?

Back 24

- The speaker was not as careful as a reasonable speaker should have been.

Front 25

What does a private figure have to show when the matter is not of private concern?

Back 25

1. That is defamatory

Note: burden is on defendant to prove truth

Front 26

What are the two requirements for speech by government employees to not be protected by the 1st am?

Back 26

1. on the job
2. in performance of their duties

Front 27

When can the state not create liability for truthful reporting of information from government records?

Back 27

As long as it was legally obtained

Front 28

What are the two things required to prevent the state from holding the media liable for broadcasting illegally intercepted calls?

Back 28

1. Media did not participate in the illegality: AND
2. It involves a matter of public importance

Front 29

What is the only instance where the public has a 1st am right to attend gov proceedings and have access to gov papers?

Back 29

- Criminal trials and pretrial proceedings

Front 30

What are the five types of places available for speech?

Back 30

1. Public forums
2. Designated public forums
3. Limited Public Forums
4. Non-public forums
5. Private property

Front 31

What are public forums?

Back 31

these are government properties that the government is constitutionally required to make available for speech.

ex: sidewalks, parks

Front 32

What are the five requirements for regulation of speech in a public forum to avoid strict scrutiny?

Back 32

1. Must be subject matter neutral
2. Must be viewpoint neutral
3. Must be a time place or manner regulation;
4. That serves an important government purpose; AND
5. Leaves open adequate alternative places for communication
- Does not have to be least restrictive alt.

Front 33

When are permit fee requirements unconstitutional?

Back 33

if the city officials have discretion in setting the amount of the fee.

Front 34

What are designated public forums?

Back 34

- these are government properties that the government could close off to speech, but chooses voluntarily to open to speech
- ex: school facilities in the evening and on the weekends. Although gov cannot pick and choose who gets to use the rooms.

Front 35

What rules apply for designated public forums?

Back 35

- Same as public forums:
1. Must be subject matter neutral
2. Must be viewpoint neutral
3. Must be a time place or manner regulation;
4. That serves an important government purpose; AND
5. Leaves open adequate alternative places for communication
- Does not have to be least restrictive alt.

Front 36

What is a limited public forum?

Back 36

Government properties that are limited to certain groups or dedicated to the discussion of some subjects.
- ex: civic auditorium being opened for a mayoral debate.

Front 37

What two things are required for gov. to regulate speech in a limited public forum?

Back 37

1. reasonable (rational basis)
2. viewpoint neutral

Front 38

What is a non-public forum?

Back 38

these are government properties that the government constitutionally can and does close off to speech
- ex: Military bases, areas outside prisons and jails, schools, sidewalks outside post offices, airports.

Front 39

What two things are required for gov to regulate speech in a non-public forum?

Back 39

1. Reasonable (meets rational basis test)
2. viewpoint neutral

Front 40

What are the six common examples of non-public forums?

Back 40

1. Military bases
2. Areas outside prisons and jails
3. schools
4. signs on public property (e.g. telephone polls)
5. sidewalks outside a post-office
6. airports (can only prohibit solicitation of money)

Front 41

What is the one sidewalk that is a non-public forum?

Back 41

Outside of the post office

Front 42

What can be prohibited at an airport?

Back 42

- solicitation of money
- cannot prohibit distribution of literature

Front 43

What 1st amendment rights are there for private property?

Back 43

- None
- ex: shopping centers

Front 44

What type of restriction is a specific tax against the press?

Back 44

Content based.