1st Amendment Freedoms

Question 1

Freedom of Speech Writing Approach (1) PUVO

Answer 1

1. Can the law be invalidated with a facial challenge?
   a. Prior Restraint
   b. Unfettered Discretion
   c. Vagueness
   d. Overbreadth

Question 2

Freedom of Speech Writing Approach (2)

Answer 2

2. Is it a content based restriction?

Question 3

Freedom of Speech Writing Approach (3) COIF

Answer 3

3. Are there any exceptions that allow for content based restriction?
   a. Commercial Speech
   b. Obscenity
   c. Incitement
   d. Fighting Words

Question 4

Freedom of Speech Writing Approach (4)

Answer 4

4. Does the law restrict the time, place, or manner of speech?

Question 5

Freedom of Speech Writing Approach (5) PNDLR

Answer 5

5. If YES to time, place, manner, what is the forum where the speech is being regulated?
   a. Public Forum
   b. Non Public Forum
   c. Designated Public Forum
   d. Limited Public Forum
   e. Private Property

Question 6

Freedom of Speech Writing Approach (6)

Answer 6

6. Is there any conduct that intends to communicate a message i.e. symbolic speech?

Question 7

Freedom of Speech

Answer 7

The 1A prohibits congress from abridging the freedom of speech. This prohibitions is applicable to the states through the 14A. Here,

Question 8

Facial Challenge - Prior Restraint

Answer 8

A PR restricts speech before it occurs, rather than punish it afterwards. The G must show some special societal harm would result otherwise. Here,

Question 9

Facial Callenge - Unfettered Discretion

Answer 9

A regulation cannot give officials broad discretion over speech issues. There must be defined standards for applying the law. If the statute gives unbridles discretion then it is void on its face and the speaker need not even apply for a permit. Here,

Question 10

Facial Challenge - Vagueness

Answer 10

A law is vague if a reasonable person cannot tell what speech is prohibited and what is allowed. Here,

Question 11

Facial Challenge - Overbreadth

Answer 11

A law if overbroad if the law regulates both protected and unprotected speech. Here,

Question 12

Content Based Regulation

Answer 12

Restrictions on the content of speech must be necessary to achieve a compelling government interest and narrowly tailored. However, there are certain types of speech that are not protected under the 1A. Here,

Question 13

Content Based - Obscenity

Answer 13

The G may regulate obscenity. Speech is obscene if it 1) appeals to the prurient interest in sex, 2) is patently offensive, and 3) lacks serious literary, scientific, artistic, or political value. Here,

Question 14

Content Based - Obscenity_Child Pornography

Answer 14

To protect minors, the G may prohibit the possession and sale of child pornography.

Question 15

Content Based - Obscenity_Zoning

Answer 15

G may use zoning to regulate obscenity-type speech or conduct. Here,

Question 16

Content Based - Commercial Speech

Answer 16

Commercial speech only has limited 1A protection. For the G to limit commercial speech, it must 1) have a substantial G interest, 2) the law/regulation must directly further that interest, and 3) is narrowly tailored to serve that purpose. Here,

Commercial speech that is false or misleading or concerns illegal activity is unprotected commercial speech and may be regulated. Here,

Question 17

Content Based - Incitement

Answer 17

The G may punish speech if there is a substantial likelihood the speech will bring about imminent illegal activity and 2) the speech is aimed at causing imminent illegality. Here,

Note: An Incitement statute is very difficult to satisfy. It must be VERY narrowly tailored.

Question 18

Content Based - Fighting Words

Answer 18

G may punish speech if it is likely to cause an immediate violent response against the speaker. Here,

Note: Fighting words statutes are unconstitutionally vague and overbroad.

Question 19

Content Neutral Regulation/Time, Place, Manner

Answer 19

A content neutral regulation does not forbid communication of specific ideas but rather regulates the conduct associated with speaking such as the time, place, or manner of the speech. To determine the appropriate test, we must first determine the forum. Here,

Question 20

Content Neutral - Public Forum

Answer 20

Public forums are G property that the G is constitutionally required to make available for speech. To regulate speech in a public forum, the regulation must be 1) content neutral, 2) narrowly tailored to serve an important government G interest, and 3) leave open alternative means of communications. Here,

Question 21

Content Neutral - Non Public Forum

Answer 21

NPF are properties that are not open to the public, such as military bases, sidewalks outside of post offices, and prisons. To regulate speech in a NPF, the regulation must be 1) viewpoint neutral and 2) reasonably related to a legitimate G interest. Here,

Question 22

Content Neutral - Designated Public Forum

Answer 22

A DPF is a public property not traditionally open to speech related activities, but which the G has held open for such activities in the past, such as a public classroom. To regulate speech in a DPF, the regulation must be 1) content neutral, 2) narrowly tailored, 3) serve an important G interest, and 4) leave open alternative means of communication. Here,

Question 23

Content Neutral - Private Property

Answer 23

There is no first amendment right of free speech on private property. Here,

Question 24

Symbolic Speech

Answer 24

Speech can also be symbolic acts undertaken to communicate an idea. The G may regulate symbolic speech so long as it has 1) an important interest in the regulation that 2) is independent of the speech and 3) the limitation on the speech is not greater than necessary. Here,

i.e. Peyote example

Question 25

Freedom of the Press TAIBIN

Answer 25

Press has no greater 1A freedom than does a private citizen (not entitled to special G assistance in obtaining information).

a. Publication of Truthful Information
b. Access to Trials
c. Interviewing Prisoners
d. Broadcasting Regulations
e. Interent Regulations
f. Newspaper Regulations

Question 26

Press - Publication of Truthful Information

Answer 26

Publication of truthful information can be restricted only by a sanction that is narrowly tailored to further an interest of the highest order.

Question 27

Press - Access to Trials

Answer 27

1A guarantees the public and press a right to attend criminal (and probably civil) trials, right to be present at voir dire, and other pretrial proceedings.
1. Right may be outweighed by an overriding interest articulated in the trial judge’s findings (e.g. to protect victims of sex offenses). Judge must make specific findings that closure of the court room was narrowly tailored to preserve an overriding interest (strict scrutiny satisfied)

Question 28

Press - Interviewing Prisoners

Answer 28

Journalists have no right to interview specified prisoners of their choice or to inspect prison grounds.

Question 29

Press - Broadcasting Regulations

Answer 29

Radio/TV broadcasting may be more closely regulated than the press. The paramount right is the right of viewers and listeners to receive info of public concern. G may forbid newspaper ownership of radio stations (as means of promoting diversity of information received by public) and may prohibit indecent speech over the airwaves.
1. Cable TV Regulation - subject to level of scrutiny between newspapers and broadcast media

Question 30

Press - Internet Regulation

Answer 30

Strict scrutiny

Question 31

Press - Newspaper Regulation

Answer 31

Strict scrutiny