1st Amendment Speech Flashcards
Prior Restraint/Define
A prior restraint is any governmental action that would prevent a communication from reaching the public.
Prior Restraint/Violate (2)
Prior restraints violate 1st Amendment rights of Freedom of speech and press.
Prior Restraint/Special Societal Harm + 5
Prior restraints are tolerable if some special societal harm, such as national security, preserving fair trial, contractual agreements, military circumstances, or obscenity, would justify the restraint. -[N. COMP]
Prior Restraint/Preserving Fair Trial
A prior restraint for preserving a fair trial is permissible if there is no less restrictive alternative.
Prior Restraint/Contractual Agreements
A prior restraint for contractual agreements is permissible if the parties have contractually agreed to the restraint.
Void for Vagueness
A law or regulation shall not be unconstitutionally vague.
Void for Vagueness/Unconstitutionally Vague Define
A law is unconstitutionally vague if it fails to give persons reasonable notice of what is prohibited or permitted.
Ovebreadth
A law or regulation shall not be unconstitutionally overbroad.
Ovebreadth/Unconstitutionally Overbroad Define
A law is unconstitutionally overbroad if it regulates substantially more speech than necessary.
Public Forums and Designated Forums
The government may regulate speech in public forums and designated forums with reasonable time, place, and manner regulations.
Public Forums and Designated Forums/Strict Scrutiny
The regulations must be content neutral, narrowly tailored to serve an important government interest, and leave open alternative channels of communication.
Content Based Speech/Strict Scrutiny
To regulate content based speech, the government the government must show the law is necessary to achieve a compelling government interest, and there are no less restrictive means.
Commercial Speech/Separate, Distinct Test
The government may regulate lawful and non-misleading commercial speech with regulations that serves a substantial governmental interest, directly advances the asserted interest, and is narrowly tailored to serve the substantial interest.
