Content Based Restrictions

Question 1

Lewd, Profane, Indecent

Answer 1

can do reasonable time, place, and manner restrictions if invasion on privacy; privacy means intrusions into the home or intrusions where people cannot escape and have no recourse (Ersnoznik v. Jacksonville)

Question 2

Commercial Advertising

Answer 2

is speech protected (lawful activity and not misleading?); is there a substantial government interest; does the regulation directly advance the state interest; are there no less restrictive means (Central Hudson Gas)

Question 3

Confidential Material

Answer 3

balance the character, likelihood, and imminence of the evil with the need for unfettered expression (Landmark Communications v. Virginia)

Question 4

False Statements of Fact

Answer 4

public officials/figures must show actual malice (NY Times v. Sullivan); private individuals must show negligence for actual damages and actual malice for punitive damages (Gertz); if it is matters of purely private concern actual malice is not necessary (Dunn & Bradstreet)

Question 5

Fighting Words

Answer 5

requires profane, abusive, and indecent language directed at the hearer that is likely to incite violence from the average person in circumstances where violence is likely to erupt (Chaplinksy v. New Hampshire)

Question 6

Four areas of confidential materials

Answer 6

ongoing investigations, people the state needs to protect, ongoing criminal investigations, national security

Question 7

Hate Speech

Answer 7

you can draw subject matter distinctions in a broad category of unprotected speech only if the distinction is grounded in the same policy reason the category is unprotected (R.A.V. v. City of St. Paul)

Question 8

Inducing Unlawful Conduct

Answer 8

clear and present danger that the express advocacy for immediate law violation is likely to result in the law violation (Brandenburg v. Ohio)

Question 9

Non-Newsworthy Disclosures of Private Information

Answer 9

interests in privacy fade when the issues involved are already in the public record (Cox Broadcasting Corp. v. Cohn); weigh the likelihood, imminence, and gravity of the substantive evil with the need for free and unfettered expression and other alternatives (Dennis v. United States)

Question 10

Pornography

Answer 10

pornography is fully protected in that it is not obscene

Question 11

Obscenity

Answer 11

use contemporary community standards to see if the work appeals to the prurient interest; decide whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; does the work lack serious literary, scientific, artistic, or political value (Miller v. California)

Question 12

Speech that Threatens

Answer 12

speech must be unlawful, serious and specific, and imminent.