Con Law

Question 1

content based speech

Answer 1

strict scrutiny unless its symbolic speech (conduct) or unprotected/less protected speech
- symbolic: narrowly tailored, important govt int, unrelated to suppression of message
- unprotected = FIDO (fighting words/threat-incitement-defemation-obscenity)
- less protected = commercial, school, sexual indecent speech

Question 2

Less protected speech

Answer 2

Commercial:
* regulation can proghibit false/misleading/unlawful activity speech
* type of intermediate scrutiny: serve substantial govt int, directly advance that interest, narrowly tailored

School speech: public school / reasonably related to legitimate educational concerns

Sexual Indecency: based on nature of community and based on national standard of lacking serious value to social, sceintific, or political value

can limit location of adult entertainment establishments but cant ban entirely

Question 3

Defemation

Answer 3

Public official or figure suing must show = falsity and actual malice i.e., knowledge of falsity or reckless disregard for truth.

Priv individual suing on matter of public conern: falsity and at least negligence

Priv individual suing on private matter: no malice needed

Cant punish truthful reporting of true fact lawfully obtained from public record