Con Law

Question 1

Under the 1st amendement as applied to the states via the 14A, all persons have the right to

Answer 1

free speech

Question 2

how is the 1st amendment applied to the states

Answer 2

via the 14A

Question 3

Is free speech absoulte

Answer 3

no, but there are only certain instances when the government may infringe upon this right

Question 4

Strict Scrutiny as it relates to speech

Answer 4

a law will only be applied if it is necessary to achieve a compelling government interest

Question 5

What are ways that government may validly regulate speech

Answer 5

time place and manner of the speech in a limited public forum

Question 6

Public forum for TPM

Answer 6

Place that is traditionally open to the public and allows somewhat unrestricted speech

Question 7

Examples of Public forum for TPM

Answer 7

Parks, sidewalks, open fields

Question 8

Limited Public Forum for TPM

Answer 8

traditionally not opened for public speech but government opens them up to the public

Question 9

when will a Limited Public forum under TPM recieve treatment as public ofrum

Answer 9

when they are opened to the public

Question 10

When a limited public forum is turned into a public forum, the government may only regulate the time, place, and manner if

Answer 10

content netural

alternative channels of communications is available and

regulations r narrowly tailored to acheive a significant goverment interest

Question 11

Nonpublic form is a counterargument to

Answer 11

limited public forum and public forum classifications under TPM

Question 12

Nonpublic forum

Answer 12

Speech is traditionally severely limited

Question 13

Ex of nonpublic forum

Answer 13

military bases, airports, bus advertising signs and gov buildings

Question 14

When can goverment regulate speech in nonpublic forums

Answer 14

as long as it is reasonable and viewpoint netural

Question 15

Commercial speech can be regulated if

Answer 15

not false/misleading

directly advances substantial government interest

narrowly tailored into it

Question 16

Justiciability requires what 3 things

Answer 16

standing, case must be ripe, and not moot

Question 17

Standing must have

Answer 17

injury in fact

causation

redressability

Question 18

Standing for an org

Answer 18

1) members must have individual standing

2) interest must be germane to the purpose of the org

and

3) neither the remedy nor the claim would require individual member participation

Question 19

A court will not award pre-enforcement review for the purpose of an advisory opinion relates to what

Answer 19

Ripeness

Question 20

Mootness

Answer 20

a dispute at all times of the litigation

Question 21

In order for there to be a constitutional violation there must be

Answer 21

government conduct

Question 22

Content based regulation means the goverment is restricting the speech based on

Answer 22

subject matter or viewpoint of the speech

Question 23

SS applies to content based regulation which means

Answer 23

the goverment must show the law is necessary to achieve a compelling interest and must be the least restrictive means of the purpose

Question 24

Content neutral regulation is when the government must show

Answer 24

law is substantially related to an important government purpose and is narrowly tailored

Question 25

What are facial attacks you can use when expression is being regulated

Answer 25

prior restraint
overbreath
vagueness
unfettered discretion

Question 26

Prior restraint

Answer 26

law restricts speech prior to its communication there is a prior restraint and strict scrunity applies

Question 27

With prior restraint the law must be

Answer 27

reasonably, narrowly tailored and definte

Question 28

For prior restraint the goverment must seek a

Answer 28

prompt injunction and there must be a prompt determination of the validity of the law

Question 29

Vagueness

Answer 29

a restriction is unconsititutional if it is vague and a reasonable person could not understand the type of speech being regulated

Question 30

Overbroad

Answer 30

restricts more speech than is consitutionally allowed

Question 31

Symbolic speech can be restricted by the goverment if

Answer 31

it is narrowly tailored to achieve an important state interest an not directed at the supression of the speech; goverment has burden

Question 32

Examples of symbolic speech

Answer 32

posting flyers

Question 33

Government may not punish individuals for joining an association unless the individual knows of the

Answer 33

Unlawful purpose of the association

individually actively participates

individual intends to advance the illegal purpose