Constitutional Law 42-47 Flashcards
Unprotected Speech:
When does speech Incite Imminent Lawless Action?
When it:
Advocates the use of force or illegality;
It is directed to inciting or producing imminent lawless action; AND
It’s likely to incite or produce such an action.
*Speech that Incites Imminent Lawless Action is NOT protected by the 1stAmendment and may be outlawed.
Priority: N/A
Unprotected Speech:
Obscenity is NOT protected under the 1st Amendment.
What speech/material is characterized as obscene?
When:
It appeals to the prurient interest;
It is patently offensive under the laws prohibiting obscenity; AND
It lacks any serious, artistic, literary, or scientific value based on a national standard.
Priority: Low
Commercial Speech:
When may the government regulate truthful, non-misleading commercial speech?
If the regulation:
Directly advances;
A substantial government interest; AND
Is no more restrictive than necessary.
*False or misleading speech is NOT protected under the 1st Amendment.
Priority: Low
Free Speech – Public Schools
Schools are given a greater latitude to regulate speech. When are school officials justified in the suppression of speech?
They must prove that the conduct would materially and substantially interfere with the operation of the school.
Priority: N/A
Free Speech – Gov’t Employees
For a government employee’s speech to be Constitutionally protected, what is required?
The employee must speak:
As a citizen; AND
On a matter of public concern.
*An employee’s statements made pursuant to their official duties are NOT protected.
Priority: Low
Free Speech – Expressive Conduct
When may expressive conduct or symbolic speech be regulated?
If:
The government has an important purpose;
The purpose is independent of the suppression of speech; AND
The restriction is no greater than necessary to achieve that purpose.
Priority: Medium
