1st Amendment - Unprotected Speech Flashcards
Can a law prohibit an activity on the basis of incitement of illegal activity?
Yes, but the activity must create a substantial likelihood of incitement
When may speech be restricted as obscene?
There is a three part test:
- Material must appeal to the prurient interest in sex
- Material must be patently offensive
- Material must lack serious redeeming artistic, literary, political, or scientific value, determined by a national standard
How may the government regulate adult book stores and movie theaters?
Through zoning
What restrictions may be imposed on child pornography?
It may be completely banned
May the government punish private possession of obscene material?
No, except for child pornography
What actions may the government take against a business convicted of violating obscenity laws?
The government may seize the business’ assets
Is profane or indecent speech protected?
Generally, yes, except on the radio and in schools
What kinds of commercial speech are not protected?
- Advertising for illegal activity
2. False and deceptive ads
May the government regulate otherwise protected commercial speech?
Yes, if intermediate scrutiny is met. It must be narrowly tailored, but need not be the least restrictive means.
Is defamatory speech protected?
No. The same rules for proving defamation in a torts case apply.
Is a person liable for truthful reporting?
No, if the information was legally obtained from the government’s records
Is the media liable for broadcasting an illegally intercepted and recorded call?
Yes, so long as the media did not participate in the illegality and it involves a matter of PUBLIC concern
Can the government restrict its own dissemination of information?
Yes, to protect privacy.
Is speech by government employees on the job in performance of their duties protected?
No.
