1st Amendment: Speech

Question 1

Commercial Speech

Answer 1

IF speech requlate concern a lawful acting and is no misleading or fraudulent it will be valid if:
1) Serves a substantial government interest

2) Direct adavance to government interest
3) Narrowly tailored to severe that interest.

Question 2

Prior Restraint

Answer 2

Is a judicial order or an administrative system that stops speech before it occurs.

Must Pays Strict Scrutiny:

1) Must be necessary to achieve a compelling interest.
2) narrowly tailored
3) leave open alternative method of chance for communication.

Question 3

Places for Speech

Answer 3

1) Public Forum
2) Designated Public Forum
3) Limited Public Forum
4) Non-Public Forum

Question 4

Less Protected

Obscenity and Sexual Oriented Speech

Answer 4

(Miller v. CA)
1) The material must appeal to the PRURIENT interest.

2) The martial must be PATENTLY OFFENSIVE under the law prohibited obscenity.
3) take as a whole, the material must lack SERIOUS redeeming ARTISTIC, LITERARY, POLITICAL or SCIENTIFIC value.

Question 5

Content Neutral

Answer 5

Intermediate Scrutiny

“TIme, place, and manner”

Conduct - regulating the conduct related to speech, allowing at to adopt content-neutral, time, place and manner regulation.

Question 6

Freedom of Association

Answer 6

Strict Scrutiny

To punish membership in a group it must be proven that the person:

1) activity affiliated with group
2) knowing of its illegal actives, and
3) with specified intent of furthering the illegal activity.

Law requires disclosure of group strict liability
* law prohibits discrimination, unless they interfere with intimacy of association or expression.

Question 7

Public Forum

Answer 7

Time place and manner restriction must be

1) Content Neutral
2) Narrowly tailored to serve and IMPORTANT government interest
3) Leave open alternative communication