1st Amendment - Free Speech

Question 1

What is a content-based restriction?

Answer 1

A restriction prohibiting a particular subject matter or viewpoint

Question 2

What level of scrutiny is a content-based restriction subject to?

Answer 2

Strict scrutiny

Question 3

What is a content-neutral restriction?

Answer 3

A restriction that bans all speech regardless of viewpoint or subject matter

Question 4

What level of scrutiny is a content-neutral restriction subject to?

Answer 4

Intermediate scrutiny

Question 5

What is a prior restraint on speech?

Answer 5

A restriction that stops speech before it occurs

Question 6

What level of scrutiny must a prior restraint on speech meet?

Answer 6

Strict scrutiny

Question 7

What are the rules regarding court orders placing a prior restraint on speech?

Answer 7

1. They must be complied with until vacated
2. A person who violates the court order may not challenge it
3. Pretrial gag orders are not permitted

Question 8

Can the government require a license for speech?

Answer 8

Yes, if it has an important reason and there are clear criteria for issuance.

If the government has discretion, it is likely invalid.

Question 9

How is vagueness defined in terms of restrictions on speech?

Answer 9

A law is unconstitutionally vague when a reasonable person cannot tell what is prohibited and what is allowed

Note: Fighting words statutes are usually vague

Question 10

When is a law unconstitutional fro overbreadth?

Answer 10

When it regulates substantially more speech than the constitution allows

Question 11

What is symbolic speech?

Answer 11

Conduct that communicates a message

Question 12

May symbolic speech be regulated?

Answer 12

Yes, if:

1. There is an important interest unrelated to suppression of the message; and
2. the impact on the communication is no greater than necessary

Question 13

Is flag burning protected symbolic speech?

Answer 13

Yes

Question 14

Is burning a cross protected symbolic speech?

Answer 14

Yes, unless done to threaten or intimidate

Question 15

Is draft card burning protected symbolic speech?

Answer 15

No. The government has an important interest in preventing the destruction of draft cards.

Question 16

Is nude dancing protected symbolic speech?

Answer 16

No.

Question 17

Are campaign contribution limits permitted?

Answer 17

Yes. The government may limit how much an individual contributes to a campaign.

Question 18

Are campaign expenditure limits permitted?

Answer 18

No. The government may not limit how much an individual spends on a campaign.

Question 19

Is anonymous speech protected?

Answer 19

Generally, yes. However a state may require public disclosure to promote transparency and accountability

Question 20

Is government speech protected?

Answer 20

Yes, so long as rationally related to a legitimate state interest