Strict Scrutiny Test

• Necessary
• Advance compelling govt. interest
• No further than necessary
• Within constitutional powers of govt. 

• Content neutral
• Law not related to suppression of speech
• Advances important govt. interest
• Narrowly tailored
• TPM laws
• Can be applied to symbolic speech cases

• Govt body or rep
• Reviews speech or press prior to distribution
• Stops dissemination of ideas before they reach public

• Obstruction of military recruitment
• Military movements
• Obscenity
• Incitement of violence
• Forcible overthrow of govt. 
• Fighting words likely to promote violence

• Public university officials are govt. officials
• Private are not

• Directed at an individual
• Cause emotional harm or violence
• Not protected by First Amendment

Speech that makes someone a target of public ridicule, hatred, spite, contempt

• Interfering w/ existing relationsips
• Interfering w/ possible future relationships
• Creating negative public image

• Prove identification/publication
• Defamatory in nature
• Falsity
• Public officials/figures
• Actual malic proves falsity
• Knowledge/reckless disregard for truth
• Everone else
• Plaintiff must prove falsity

• Common meaning
• Verifiability
• Journalistic Context
• Social/Broad context

• Something about them
• Used for commercial purposes
• Without consent

• Must prove expectation of privacy

• Published
• Private, intimate facts
• Highly embarrassing to reasonable person
• Not of legit concern to public

• Defendant intentional and reckless
• Beyond bounds of decency
• Casually connected to severe emotional distress
• Severe, unreasonable distress
• Actual malice

• Defendant had duty to protect plaintiff
• Neglected duty
• Injury suffered from neglection
• Breach was "proximate cause"

• National Security
• Internal Rules and Procedure
• Statutory exemptoins
• Trade Secrets
• Memos
• Personal Privacy
• Law enforcement records
• Financial records
• Geological data

• Probably cause that reporter has law violating info
• Information can't be obtained by alternatives
• Compelling interest in info

• Disclosure of info would threaten fair trial
• No effective alternative to gag on press
• Gag will eliminate danger to fair trial
• Narrowly tailored

• Average person would be aroused (lust)
• Hard-core porn
• No serious social value (SLAPS)

• Depict sexual excretory organs or activities
• Patently offensive
• Fleeting expletives
• Verbal profanity of visual indecency expressed or shown during live TV

• Protected by valid copyright
• Registered with Copyright office
• Evidence of direct copy, infringer modeled copyrighted work in their own

• Consent
• Waited too long to sue
• Expiration of copyright
• Fair use
• Use for commentary, criticism, research, etc.

• Why/what purpose
• Nature of copyrighted work
• Amount and magnitude of portion used in relation to whole
• Effects to original work (in market)

• Direct infringement by primary infringer
• 3rd party had knowledge of infringement
• Contributed to infringement of primary infringer

• Direct infringement by primary infringer
• 3rd party financially gains
• 3rd party had right and ability to supervise infringer

• Take down material if it infringes copyright
• Name an agent to receive takedown requests
• Let site users know of site's copyright infringement policy
• Comply with takedown requests