Constitutional Law 48-53 Flashcards
Free Speech – Prior Restraints
When are procedural safeguards for licensing Permitted?
If:
The government has an important reason for licensing;
Specific, articulated standards are used to grant the licenses to remove discretion of the licensing body; AND
Procedural safeguards are in place, assuring prompt final judicial decision when a license is denied.
Priority: Medium
Free Speech – Prior Restraints
What is a prior restraint on speech?
When the government attempts to prohibit speech before it happensthrough a court order or licensing requirement.
*Prior restraints are generally disfavored and unconstitutional, and court orders preventing speech MUST satisfy Strict Scrutiny.
Priority: Medium
When is a statute unduly vague or overbroad?
A statute is unduly vague if it does not put the public on reasonable notice as to what is prohibited.
A statute is overbroad if it regulates more speech than is Constitutionally permitted.
*A defendant CANNOT be convicted under a law that is deemed overboard or vague.
Priority: Medium
Freedom of the Press & Defamation:
What are the elements needed to prove actual malice for a public and private figure?
For a Public Figure, the plaintiff needs to prove:
That the statement was false; AND
That the defendant spoke with either:
Recklessness as to the truth of the statement; OR
Knowledge of its falsity.
If a Private Figure, the plaintiff need only prove that the:
Statement is false; AND
Speaker was negligent.
Priority: N/A
Freedom of the Press:
The 1st Amendment protects the press from liability when publishing what?
Truthful private facts;
On a matter of public concern;
Where such information is legally obtained; AND
There is no knowledge that any information was obtained illegally.
*The 1st Amend. doesn’t protect the press from liability for violating generally applicable laws.
Priority: N/A
Freedom of Association:
When may the Government punish a person’s membership in a group?
If it proves that:
The group is actively engaged in illegal activityor incites imminent lawless action;
The person has knowledge of the group’s illegal activities; AND
The person has specific intent of furthering those illegal activities.
Priority: Low
