Constitutional Law LAST PUSH

Question 1

Freedom of Speech - Speech IS

Answer 1

includes words, symbols, and expressive conduct

Question 2

Freedom of Speech - Expressive Conduct

Answer 2

any kind of conduct that is either inherently expressive or conduct that is:
(1) intended to convey a message and
(2) reasonably likely to be perceived as conveying a message

Question 3

Freedom of Speech - Incitement

Answer 3

(1) intended to produce imminent lawlessness action and
(2) it is likely to produce such action

Question 4

Freedom of Speech - Obscenity

Answer 4

speech is obscene if it describes or depicts sexual conduct specified by statute that, taken as a whole, by the average person
(1) appeals to the prurient interest in sex, using a contemporary community standard
(2) patently offensive under contemporary community standard
(3) lacks serious value using national, reasonable person standard

Question 5

Defamatory Statements - Public Official, Public Concern, Public Figure

Answer 5

if the statement is about a public official, public figure, or involves a matter of public concern, the First Amendment requires the plaintiff prove all of the elements of defamation plus falsity and some degree of fault

Question 6

Public Official or Public Figure Suing

Answer 6

regardless of whether it is a public or private concern, the degree of fault required to show is actual malice

Question 7

Actual Malice

Answer 7

plaintiff must prove by clear and convincing evidence that the alleged defamatory speech was made with:
(a) knowledge that it was false or
(b) reckless disregard as to its truth or falsity

Question 8

Public Official

Answer 8

(1) holding or running for elective office
(2) public employees in positions of public importance

Question 9

Public Figure

Answer 9

(1) assumed roles of prominence in society
(2) achieved pervasive fame and notoriety
(3) thrust themselves into the particular public controversies to influence their resolution

Question 10

Private Figure Suing on Public Concern

Answer 10

plaintiff can only recover actual damages if the plaintiff only shows negligence - punitive or presumed must show actual malice

Question 11

Commercial Speech

Answer 11

commercial speech is not protected if it is (1) false, (2) misleading, or (3) about illegal products or services

Question 12

Commercial Speech Regulations Upheld

Answer 12

Regulation of commercial speech upheld only if:
(a) serves a substantial government interest
(b) directly advances that interest, and
(c) is narrowly tailored to serve that interest

Question 13

Content Based Regulations

Answer 13

subject to strict scrutiny and they are presumptively unconstitutional

Question 14

Content Neutral Regulations

Answer 14

generally are subject to intermediate scrutiny; that is, they must advance important interests unrelated to the suppression of speech and must not burden substantially more speech than necessary

Question 15

Traditional Public Forms

Answer 15

public property that has historically been open to speech related activities

Question 16

Designated Public Forms

Answer 16

not historically open to speech related activities but which the government has thrown open to speech related activities on a permanent or limited basis by practice or policy

Question 17

Content Based Regulation in Traditional or Designated Public Form

Answer 17

subject to strict scrutiny

Question 18

Content Neutral Based Regulation in Traditional or Designated Public Form

Answer 18

only needs to meet the intermediate scrutiny standard

Question 19

Content Neutral Based Regulation in Traditional or Designated Public Form Intermediate Scrutiny

Answer 19

(a) narrowly tailored to serve an important government interest and
(b) leave open alternative channels of communication

Question 20

Limited Public Form

Answer 20

government forums not historically open generally for speech and assembly but open for a specific speech activity (like a school gym for a debate, public university funding student publication)

Question 21

Nonpublic Form

Answer 21

government property not historically open generally for speech and assembly and have not been held open for specific speech activities, such as military’s bases or government workplaces

Question 22

Viewpoint Neutral Based Regulation in Limited Public Form or Nonpublic Form

Answer 22

regulations are valid if they are:
(a) viewpoint neutral and
(b) reasonably related to a legitimate government purpose

Question 23

Viewpoint Based Regulation in Limited Public Form or Nonpublic Form

Answer 23

strict scrutiny