Freedom Of Speech

Front 1

Prior Restraint

Back 1

Strict Scrutiny - govt must show that special societal harm will occur.
Licenses - are ok if (1)important reason, (2) clear criteria leaving no discretion to decision-maker; (3) procedures for review

Front 2

Vagueness

Back 2

Regulation is void if reasonable person cannot tell what speech is prohibited and what is allowed

Front 3

Overbreadth

Back 3

Regulation is void if regulates substantially more speech than constitution allows to be regulated

Front 4

Content Based Regulations

Back 4

Strict Scrutiny
Two types: (1) Subject matter; (2) Viewpoint

Front 5

What are content based regs that get less protection?

Back 5

1. Advocacy of unlawful conduct
2. Defamation
3. Privacy
4. Obscenity
5. Profane/Indecent Speech
6. Fighting words
7. Commercial Speech

Front 6

Advocacy of Unlawful Conduct

Back 6

Regulation ok if
1. Substantially imminent illegal activity
2. Speech directed to incite or cause activity

Front 7

Privacy

Back 7

No liabiltiy for reporting lawfully obtained info from govt - press

Front 8

Obscenity

Back 8

Can regulate if can show:1
1. Appeals to prurient interest (community std)
2. Patently offensive under obscenity law (community std)
3. Lacks reasonable redeeming artistic, literary, political or scientific value

Front 9

Profane / Indecent Speech

Back 9

1. Generally protected so must meet SS
2. Unless over broadcast media or in schools

Front 10

Fighting Words

Back 10

1. Usually vague and overbroad
2. But ok if limited to TRUE THREATS

Front 11

Commercial Speech

Back 11

1. Generally intermediate scrutiny
2. Can prevent speech that proposes unlawful activity or is misleading or fraudulent

Front 12

Content Neutral Speech

Back 12

Generally intermediate scrutiny - but depends on place

Front 13

Public Forums

Back 13

Streets, sidewalks, parks, designated public forums
1. Regulation of time, place or manner of speech will be ok IF
- Narrowly tailored
- Significant govt interest
- Leaves open adequate alternative places for communication

Front 14

NonPublic Forum

Back 14

All other public property
1. Govt can regulate to reserve the forum for its intended use if regs:
- Viewpoint neutral
- Reasonably related to legit govt interest

Front 15

Right of access to criminal trials

Back 15

Public generally has right to attend
BUT may be outweighed by overriding interest stated in trial judge's findings

Front 16

Freedom of the Press

Back 16

1. Regs of newspapers subject to strict scrutiny
2. Regs of broadcast media less than strict scrutiny
3. Regs of cable intermediate scrutiny
BUT always consider whether the reg is content based b/c will always be SS

Front 17

Symbolic Expression

Back 17

Regulation OK if
1. Important interest unrelated to suppression of message AND
2. Impact on communication no greater than necessary

Front 18

Freedom of association

Back 18

Govt cannot prohibit politically unpopular groups OR unduly burden person's right to belong to such a group - SS applies

Front 19

Regulation punishing membership in a group

Back 19

Must require:
1. Actively affiliating with the group
2. Knowing of specific illegal activities
3. Specific intent to further those activities

Front 20

Regulation prohibiting group from discriminating

Back 20

OK UNLESS
1. Interferes w/expressive activity
2. Interferese with intimate association