Con Law COPY Flashcards
Under the 1st amendement as applied to the states via the 14A, all persons have the right to
free speech
how is the 1st amendment applied to the states
via the 14A
Is free speech absoulte
no, but there are only certain instances when the government may infringe upon this right
Strict Scrutiny as it relates to speech
a law will only be applied if it is necessary to achieve a compelling government interest
What are ways that government may validly regulate speech
time place and manner of the speech in a limited public forum
Public forum for TPM
Place that is traditionally open to the public and allows somewhat unrestricted speech
Examples of Public forum for TPM
Parks, sidewalks, open fields
Limited Public Forum for TPM
traditionally not opened for public speech but government opens them up to the public
when will a Limited Public forum under TPM recieve treatment as public ofrum
when they are opened to the public
When a limited public forum is turned into a public forum, the government may only regulate the time, place, and manner if
content netural
alternative channels of communications is available and
regulations r narrowly tailored to acheive a significant goverment interest
Nonpublic form is a counterargument to
limited public forum and public forum classifications under TPM
Nonpublic forum
Speech is traditionally severely limited
Ex of nonpublic forum
military bases, airports, bus advertising signs and gov buildings
When can goverment regulate speech in nonpublic forums
as long as it is reasonable and viewpoint netural
Commercial speech can be regulated if
not false/misleading
directly advances substantial government interest
narrowly tailored into it
Justiciability requires what 3 things
standing, case must be ripe, and not moot
Standing must have
injury in fact
causation
redressability
Standing for an org
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
A court will not award pre-enforcement review for the purpose of an advisory opinion relates to what
Ripeness
Mootness
a dispute at all times of the litigation
In order for there to be a constitutional violation there must be
government conduct
Content based regulation means the goverment is restricting the speech based on
subject matter or viewpoint of the speech
SS applies to content based regulation which means
the goverment must show the law is necessary to achieve a compelling interest and must be the least restrictive means of the purpose
Content neutral regulation is when the government must show
law is substantially related to an important government purpose and is narrowly tailored
What are facial attacks you can use when expression is being regulated
prior restraint
overbreath
vagueness
unfettered discretion
Prior restraint
law restricts speech prior to its communication there is a prior restraint and strict scrunity applies
With prior restraint the law must be
reasonably, narrowly tailored and definte
For prior restraint the goverment must seek a
prompt injunction and there must be a prompt determination of the validity of the law
Vagueness
a restriction is unconsititutional if it is vague and a reasonable person could not understand the type of speech being regulated
Overbroad
restricts more speech than is consitutionally allowed
Symbolic speech can be restricted by the goverment if
it is narrowly tailored to achieve an important state interest an not directed at the supression of the speech; goverment has burden
Examples of symbolic speech
posting flyers
Government may not punish individuals for joining an association unless the individual knows of the
Unlawful purpose of the association
individually actively participates
individual intends to advance the illegal purpose
