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22 Cards in this Set
- Front
- Back
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original intent
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the perceived intent of the framers of the First Amendment
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ad hoc balancing
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making decisions according to the specific facts of the case under review rather than more general principles
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categorical balancing
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a judge's or court's practice of developing rules by weighing different broad categories, such as political speech, against other categories of interests, such as privacy
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prior restraint
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action taken by the government to prohibit publication of a specific document or text before it is distributed to the public; requires government approval before publication
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defamation
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a false communication that harms another's reputation and subjects him or her to ridicule and scorn; incorporates libel and slander
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seditious libel
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communication meant to incite people to change the government; criticism of the government
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injunction
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a court order prohibiting a person or organization from doing some specified act
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content-neutral laws
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laws that incidentally and unintentionally affect speech as they advance other important government interests
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rational review
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a standard of judicial review that assumes the wisdom of reasonable legislative or administrative enactments and applies minimum scrutiny to their review
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content based laws
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laws enacted because of the message, subject matter or ideas expressed in the regulated speech
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strict scrutiny
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a test for determining the constitutionality of laws restricting speech, under which the government must show it has compelling interest at stake that is advanced by the least restrictive means available
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compelling interest
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a government interest of the highest order, an interest the government is required to protect
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time/place/manner (TPM) laws
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First Amendment concept that laws regulating the condition sof speech are more acceptable than those regulating content; also, the laws that regulate these conditions
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symbolic expression
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action that warrants First Amendment protection because its primary purpose is to express ideas
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intermediate scrutiny/heightened review
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a standard applied by the courts to the review of laws that implicate core constitutional values
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O'Brien test
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three-part test used to determine whether a content neutral law is constitutional
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important government interest
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an interest of the government that is substantial or significant but not compelling
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public forum
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government property held for use by the public, usually for purposes of exercising rights of speech and assembly
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traditional public forum
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lands designed for public use and historically used for public gathering, discussion and association
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designated public forum
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government spaces or buildings that are available for public use (within limits)
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nonpublic forum
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government help property that is not available for public speech and assembly purposes
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laws of general application
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laws such as tax and equal employment laws that fall within the express power of government; laws of general application are generally reviewed under minimum scrutiny
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