CMR

Question 1

What is the problem with the following scenairos:

1. a regulation prohibiting all 1A activity in an airport terminal
2. a regulation prohibiting all canvassers from going onto private residential property to promote any cause without first obtaining a permit

Answer 1

these regulations are facially invalid b/c they are overbroad – they punish a substantial amount of protected speech

Question 2

what is the void for vagueness doctrine?

Answer 2

if a criminal law or regulation fails to give persons R notice of what is prohibited, it may violate the DP; applied strictly re: 1A

Question 3

If a statute gives licensing officials unbridled discretion, what is the problem?

Answer 3

the regulation is void on its face b/c the officials have unfettered discretion; in such a case, a speaker need not even apply for a permit

Question 4

what is the standard for speech that incites imminent lawless action?

Answer 4

speech can be burdened if it creates a clear and present danger of imminent lawless action. it must be show that the illegal conduct is LIKELY and the speaker INTENDED to cause it.

Question 5

fighting words?

Answer 5

true threats are not protected, such as cross-burning. however, SCOTUS will N uphold fighting words statutes that are design to punish only certain viewpoints (insults on the basis of race, religion, or gender). ***tip: on the exam, such statutes are usu. overbroad

Question 6

what are the elements of obscenity?

Answer 6

1. appeals to the prurient interest in sex using a COMMUNITY STANDARD
2. is patently offensive using a COMMUNITY standard
3. lacks serious literary, articistic, political, or sicentific value using a NATIONAL RP standard

Question 7

CAn private possession of obscenity in the home be punished?

Answer 7

no