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20 Cards in this Set

  • Front
  • Back
Prior Restraint
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
Regulation is void if reasonable person cannot tell what speech is prohibited and what is allowed
Regulation is void if regulates substantially more speech than constitution allows to be regulated
Content Based Regulations
Strict Scrutiny
Two types: (1) Subject matter; (2) Viewpoint
What are content based regs that get less protection?
1. Advocacy of unlawful conduct
2. Defamation
3. Privacy
4. Obscenity
5. Profane/Indecent Speech
6. Fighting words
7. Commercial Speech
Advocacy of Unlawful Conduct
Regulation ok if
1. Substantially imminent illegal activity
2. Speech directed to incite or cause activity
No liabiltiy for reporting lawfully obtained info from govt - press
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
Profane / Indecent Speech
1. Generally protected so must meet SS
2. Unless over broadcast media or in schools
Fighting Words
1. Usually vague and overbroad
2. But ok if limited to TRUE THREATS
Commercial Speech
1. Generally intermediate scrutiny
2. Can prevent speech that proposes unlawful activity or is misleading or fraudulent
Content Neutral Speech
Generally intermediate scrutiny - but depends on place
Public Forums
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
NonPublic Forum
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
Right of access to criminal trials
Public generally has right to attend
BUT may be outweighed by overriding interest stated in trial judge's findings
Freedom of the Press
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
Symbolic Expression
Regulation OK if
1. Important interest unrelated to suppression of message AND
2. Impact on communication no greater than necessary
Freedom of association
Govt cannot prohibit politically unpopular groups OR unduly burden person's right to belong to such a group - SS applies
Regulation punishing membership in a group
Must require:
1. Actively affiliating with the group
2. Knowing of specific illegal activities
3. Specific intent to further those activities
Regulation prohibiting group from discriminating
1. Interferes w/expressive activity
2. Interferese with intimate association