Content Based Standards

Question 1

Incitement Standard

Answer 1

Advocacy directed at inciting
imminent
lawless activity and
likely to incite or produce such action

Question 2

fighting words standard

Answer 2

gov may punish:

words that have a direct tendency to cause
imminent acts of violence
by the person to whom they are address

Question 3

hostile audience standard

Answer 3

gov may punish speech if:

likely to produce clear and present danger
of serious substantive evil
that rises far above public inconvenience, annoyance, or unrest

police must first control crowd and arrest speaker as last resort

Question 4

obscenity standard

miller

Answer 4

1) would material sexually arouse the average person?

2) is material itself patently offensive as defined by state law

3) does the work as a whole have other value in it?
(artistic, political, scientific)

Question 5

Child Porn Standard

Answer 5

complete prohibition of production, distribution, and promotion

scienter

Question 6

Adult Porn Standard

Answer 6

Default content based standard

Question 7

Diffuse Sexual Communication Standard

content based

Answer 7

default CB standard

Strict scrutiny

Question 8

Diffuse Sexual Communication Standard

content neutral (includes secondary effects)

Answer 8

content neutral standard

Question 9

Profanity Standard

Answer 9

Content based default (strict scrutiny)

but factors
-medium of communication
-captive audience
-unwilling listener
-home/public
-minors/adult

Question 10

commercial speech standard

Answer 10

Central Hudson Test

1) does it advertise illegal/false/deceptive speech?

2)is restriction justified by gov interest?

3)does law advance gov interest?

4)is regulation no more extensive than necessary?