Term
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Definition
when it is content neutral
and has an important reason, does not leave discretion up to the one in charge and procedures are available |
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Term
| Strict Scrutiny under first amendment requires |
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Definition
| compelling state interest and least restrictive means necessary |
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Term
| intermediate scrutiny under first amendment requires |
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Definition
| important state interest that are substantially related |
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Term
| Spence v. Washington Test: |
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Definition
is there an intent to communicate a particularized message?
is there a substantial likelihood that the audience will understand that message? |
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Term
| Unprotected Forms of Speech: |
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Definition
| Child Porn, Obscenity, hate Speech, incitement |
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Term
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Definition
material that depicts actual children in sexual acts is not protected.
the private possession of child porn is not protected. |
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Term
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Definition
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Term
| Miller Test for Obscenity |
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Definition
>the average person would find that the text or work taken as a while appeals to a prurient interest
>text or work describes in a patently offensive way sexual conduct specifically defined by applicable law
>the text or work taken as a whole lacks serious literary, artistic, political value |
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Term
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Definition
| when directed at another person and likely to provoke a violent reaction |
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Term
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Definition
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Term
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Definition
clear and present danger
factors to determine if there is a clear and present danger:
>crowd control impossible
>speaker ignores police AND
>speaker provokes |
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Term
| How to determine if its incitement |
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Definition
4 tests:
Clear and Present danger
reasonable approach
the risk formula (clear and present danger II)
Brandenburg Test |
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Term
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Definition
Imminent/Immediate
Likelihood
Serious repercussions |
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Term
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Definition
| so long as it is reasonable, the govt can punish speech |
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Term
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Definition
| If the harm is great enough, then the speech advocating it can be punished without any harm |
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Term
| Brandenburg Test Prong 1: |
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Definition
A: speaker intends
B: imminent action |
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Term
| Brandenburg Test Prong 2: |
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Definition
| imminent and lawless action is likely |
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Term
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Definition
| Commercial, Profanity, Low Sexual Speech, Defamation (reputation) |
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Term
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Definition
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Term
| Commercial Speech defined |
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Definition
1. advertisement in some form
2. referring to a specific product
3. Spoken by someone who has economic motivation for the speech |
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Term
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Definition
.5 is it commercial speech
1. truthful and lawful
>if not then it is not protected
2. important govt interest
3. directly advance the govt interest
4. no more extensive then necessary |
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Term
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Definition
Intermediate Scrutiny without bite
the govt has some latitude outside the boundaries of intermediate scrutiny when needing to provide an important state interest that is substantially related |
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Term
| Profanity and Indecent Speech |
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Definition
| protected except for in cases of fighting words, in a captive audience, schools, braodcast media |
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Term
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Definition
| if the plaintiff is a public official or running for public office, the plaintiff can recover for defamation only by proving with clear and convincing evidence that falsity of the statements are actual malice |
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Term
| Campaign Contributions as speech |
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Definition
-must be subjected to closer scrutiny
- important for enhancement of vote knowledge
- deterrence of corruption and the perception of corruption
- providing into that enforces contribution limits
can limit contributions but not expenditures |
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Term
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Definition
1. related to content (if yes then fail O'brien test)
2. substantial/ important govt interest
3. narrowly tailored
4. ample alternative channels |
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Term
| 6 categories of Infringement |
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Definition
1. prohibitions
2. compelling expression
3. civil liability
4. prevent compensation based on speech
5. condition benefit
6. compel silence |
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Term
| What is considered an important reason for licensing: |
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Definition
-preventing conflicting use of free space
-to prevent crime
-to prevent fraud
- protect privacy |
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Term
| R.A.V. City of St. Paul, Minnesota |
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Definition
| a very narrow fighting words law will likely be declared unconstitutional as impermissibly drawing content-based distinctions as what speech is prohibited and what is allowed |
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Term
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Definition
a. govt duty to permit speech
b. intermediate scrutiny for content neutral
- content neutral
- important state interest
- substantially related and Ample Alternatives of Communication |
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Term
| Time, Place, Manner Restrictions |
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Definition
| Refers to the ability of the govt to regulate speech in a public forum in a manner that minimizes the disruption of a public place while still protecting freedom of speehc |
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