Term
| What is protected by freedom of expression? |
|
Definition
1. Verbal or written communication
2. Freedom to refrain from speech
3. Symbolic Acts
4. Freedom of Association |
|
|
Term
| What constitutes "abridgment?" |
|
Definition
1. Ban on speech
2. Creation of a civil action
3. Denial of Government Benefits
4. Denial of Public Employment |
|
|
Term
| What are Content-Based Regulations? |
|
Definition
| Governmental regulation of speech which is based in the content of the message. |
|
|
Term
| When are content-based regulations acceptable? |
|
Definition
if the government proves that it
1. advances a compelling state interest; and
2. is narrowly drawn in order to achieve that compelling state interest. |
|
|
Term
| What are the types of speech that are unprotected? |
|
Definition
1. Defamatory Speech
2. Fraudulent Speech
3. Obscenity
4. Advocacy of Imminent Illegal Conduct
5. Fighting Words |
|
|
Term
| What are the two doctrines that limit the regulation of unprotected speech? |
|
Definition
| Vagueness and Overbreadth |
|
|
Term
| What are Content-Neutral Regulations (Time/Place/Manner)? |
|
Definition
| The freedom of speech guarantee permits rather broad regulation of content-neutral speech. However, even these "time, place, and manner restrictions" are often struck down as unconstitutional. |
|
|
Term
| What is the three-part test for content-neutral regulations? |
|
Definition
1. It must advance a significant governmental interest;
2. The regulation must be narrowly tailored; and
3. Alternative channels must be made available which would allow the speech to continue in a time, place, and manner which is legal. |
|
|
Term
| What is Freedom to refrain from speech? |
|
Definition
| The First Amendment operates as a ban on coerced or forced speech. (See Hurley and South Boston Allied War Veterans Counsel v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 115 S. Ct. 2338 (1995)) |
|
|
Term
| What is the Overbreadth Doctrine? |
|
Definition
| If a regulation prohibits speech which is not protected, but also extends to prohibit speech which is protected, it is overbroad and violated the First Amendment. |
|
|
Term
| What is the Vagueness Doctrine? |
|
Definition
| If a reasonable person would not be able to clearly understand what speech is prohibited by a law, the law is unconstitutional due to vagueness. |
|
|
Term
| What is the Public Figures Rule? |
|
Definition
| Speech which defames a public official or a public figure in relation to his official conduct may not be banned or penalized unless a showing of malice can be made. |
|
|
Term
| Who are public officials? |
|
Definition
| Elected officeholders, candidates for political office, highly visible public appointees. |
|
|
Term
|
Definition
| Individuals who either are generally famous or who are drawn into a particular controversy. |
|
|
Term
|
Definition
| knowledge of a statement's falsity or a reckless disregard for its truth. |
|
|
Term
| What constitutes a significant governmental interest in time/place/manner restrictions? |
|
Definition
1. It is less than a compelling interest
2. Most regulations designed to further the general welfare of the community will be deemed "significant." |
|
|
Term
| What constitutes "narrowly tailored" in time/place/manner restrictions? |
|
Definition
| It does not amount to a least restrictive means test. However, although not subject to the strict scrutiny requirements, the government regulation may not be so broad that it unduly burdens free speech. |
|
|
