Con Law COPY Flashcards

1
Q

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

A

free speech

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2
Q

how is the 1st amendment applied to the states

A

via the 14A

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3
Q

Is free speech absoulte

A

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

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4
Q

Strict Scrutiny as it relates to speech

A

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

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5
Q

What are ways that government may validly regulate speech

A

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

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6
Q

Public forum for TPM

A

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

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7
Q

Examples of Public forum for TPM

A

Parks, sidewalks, open fields

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8
Q

Limited Public Forum for TPM

A

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

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9
Q

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

A

when they are opened to the public

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10
Q

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

A

content netural

alternative channels of communications is available and

regulations r narrowly tailored to acheive a significant goverment interest

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11
Q

Nonpublic form is a counterargument to

A

limited public forum and public forum classifications under TPM

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12
Q

Nonpublic forum

A

Speech is traditionally severely limited

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13
Q

Ex of nonpublic forum

A

military bases, airports, bus advertising signs and gov buildings

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14
Q

When can goverment regulate speech in nonpublic forums

A

as long as it is reasonable and viewpoint netural

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15
Q

Commercial speech can be regulated if

A

not false/misleading

directly advances substantial government interest

narrowly tailored into it

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16
Q

Justiciability requires what 3 things

A

standing, case must be ripe, and not moot

17
Q

Standing must have

A

injury in fact

causation

redressability

18
Q

Standing for an org

A

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

19
Q

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

20
Q

Mootness

A

a dispute at all times of the litigation

21
Q

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

A

government conduct

22
Q

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

A

subject matter or viewpoint of the speech

23
Q

SS applies to content based regulation which means

A

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

24
Q

Content neutral regulation is when the government must show

A

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

25
What are facial attacks you can use when expression is being regulated
prior restraint overbreath vagueness unfettered discretion
26
Prior restraint
law restricts speech prior to its communication there is a prior restraint and strict scrunity applies
27
With prior restraint the law must be
reasonably, narrowly tailored and definte
28
For prior restraint the goverment must seek a
prompt injunction and there must be a prompt determination of the validity of the law
29
Vagueness
a restriction is unconsititutional if it is vague and a reasonable person could not understand the type of speech being regulated
30
Overbroad
restricts more speech than is consitutionally allowed
31
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
32
Examples of symbolic speech
posting flyers
33
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