Con Law — 1A Flashcards
Commercial speech
Less protected speech
- Lawful + not misleading
- Regulating serves substantial interest
- Regulation advances that interest
- Narrowly Tailored (not more excessive than need be)
School Speech
Less protected
Public school kids have free speech, but can be regulated if regulations are:
- Reasonably related
- To legit educational concerns
Sexual or Indecent Speech
Less protection
- Appeals to prurient interests
- Describes sexual conduct in patently offensive way
- No serious value—politically, artistically, scientifically
Adult businesses + ordinances
Subject to IS
Content Based — Definition
Regulation of subject matter
View Point Regulation — Defintion
Regulation/suppression of particular viewpoints, but allowing others
Subject to SS — WILL BE STRICKEN
Analysis: Content Based Regulation
SS applies, unless
- Regulation of symbolic speech (ie nudity) — law places incidental burden and allowed if NT to important interest
- Unprotected or limited protection of speech (commercial, Fido, school)
Analysis: Regulation of Time, Place, Manner
- Public forum —> must be content neutral, NT, open alt channels
- no public Forum —> viewpoint neutral + reasonable relation to govt interest
Types of public forums
Traditional ‘
Designated
Prior Restraint
Censorship — when govt prevents speech before it is communicated
SS —. Usually stricken
Establishment Clause Test
Historical Practices + Traditions
What can be questioned under Free Exercise
Sincerity of belief can be questioned
Reasonableness cannot be questioned
What can be regulated under free exercise? What cannot?
Conduct can be regulated —> neutral law + general applicability + goal not to burden religion
Cannot be regulated _ belief
Freedom of Press
Right to publish info that is:
1. True
2. After of public concern
Press does not have more freedoms than individual
