Con law final stretch

Question 1

Intermediate scrutiny

Answer 1

Gov burden + Important gov interest + Substantially related to interest
Gender: Need exceedingly persuasive justification

Question 2

Define “speech” (1A)

Answer 2

(1) Words, symbols, or conduct
(2) Intended to OR reasonably likely to convey a message

Question 3

Incitement

Answer 3

(1) Intended to AND
(2) Likely to
(3) Produce imminent lawless action

Question 4

Fighting Words

Answer 4

Abusive + likely to incite immediate physical retaliation in average person

Question 5

True Threat

Answer 5

Intended to convey a serious threat of bodily harm

Question 6

Defamation elements

Answer 6

(1) False statement of purported fact
(2) Publication OR communication to third person
(3) Damages (economic or reputation)
(4) Mental state
—a: Plaintiff is public official or figure OR matter is public concern: actual malice
—b: Plaintiff private figure + matter is private concern: negligence

Question 7

Requirements for Regulation of Commercial Speech

Answer 7

DSN!
(1) Directly advances
(2) A substantial gov interest
(3) Narrowly tailored to interest
NB: Commercial speech not protected IF false, misleading, or about illegal products

Question 8

Content-Based Regulation Standard of Review

Answer 8

Strict Scrutiny (narrowly tailored to important gov interest)

Question 9

Content-Neutral Regulation Standard of Review

Answer 9

ABO Scrutiny:
(1) Advance! important interest
(2) Burden! Not substantially more speech than necessary
(3) Often! Time/place/manner restriction

Content neutral: subject matter AND viewpoint neutral

Question 10

Public Forum

Answer 10

Gov owned, public property historically open to speech
E.g., streets, sidewalks, public parks

Question 11

Designated Public Forum

Answer 11

Public property opened to speech on limited basis
E.g., town hall

Question 12

Standard of review for
Content-based restriction in a
Public forum or designated public forum

Answer 12

Content-based: Strict scrutiny

Question 13

Limited public forum

Answer 13

Gov property not historically open for speech BUT opened for specific activity
E.g., school gym opened for community debate)

Question 14

Nonpublic forum

Answer 14

Gov property not historically open generally for speech AND not held open for specific activities
E.g., military base, gov workplace

Question 15

Standard of review for Limited Public Forum and Nonpublic Forum

Answer 15

Reg must:
-Reasonably related to legitimate gov purpose (e.g., reserving forum for its intended use)
-Viewpoint neutral

Question 16

Prior restraint

Answer 16

-Gov action that prevents speech before it occurs (e.g., injunction), rather than punishing it after
-To be valid, need special societal harm that justifies the restraint

Question 17

Standard of review for Content-neutral restriction in a Public Forum or Designated Public Forum

Answer 17

Content-neutral: Intermediate scrutiny (narrowly tailored + important gov interest + leave open alternative channels + doesn’t have to be least restrictive means)