Constitutional Law Flashcards
Does Congress have the power to regulate the Supreme Court’s appellate jurisdiction?
Yes, Article III explicitly gives Congress the power to make exceptions to their appellate jurisdiction
What sort of regulations can a government make on content-neutral speech?
Can regulate time, place, or manner if it satisfies intermediate scrutiny
What is the intermediate scrutiny test for content-neutral speech restrictions?
Government must show that
1) regulation is narrowly tailored,
2) to achieve a significant government interest, AND
3) it leaves open alternative channels of communication
What is a public forum?
Place traditionally available to public for speech (i.e. parks, streets, sidewalks)
What is a designated forum?
Place not traditionally open to speech but government chose to make it available (e.g. school classroom for meetings)
What is a limited forum?
Non-public forum specifically designated by the government as open for certain groups/topics
What is a non-public forum?
Public places limited for speech (e.g. military base, airport, jail)
What is the test for obscenity?
Material is obscene and not protected when it:
1) appeals to prurient interest in sex of an average person under today’s community standards;
2) is patently offensive; AND
3) lacks any serious artistic, literary, or scientific value (national standard)
How can government regulate truthful, non-misleading commercial speech?
Regulation is okay if it:
1) Directly advances,
2) a substantial governmental interest AND
3) Is no more extensive than necessary (reasonably tailored) to serve that interest
Which sort of government employee speech is never protected?
If a government employee speaks pursuant to official duties
What is the two-step test for speech protection for government employees?
1) Did employee speak as a citizen on matter of public concern? If no, not protected.
2) If yes, did govt. entity have adequate justification for treating the employee differently from member of gen. public?
What must a P prove for a defamation claim when P is a public official/figure?
Must prove “actual malice” which means D spoke with
a) recklessness OR
b) knowledge of statement’s falsity
What level of scrutiny/test is applied to government regulation of free association with a group?
Can only regulate right to freely associate in a group if satisfies strict scrutiny
