Content-Neutral Regulations

Question 1

In order for a TPM statue/regulation to be valid it must:

Answer 1

(1) content neutral
(2) serve a significant govt interest
(3) narrowly tailored
(4) leave open ample alternative channels for communicating information

Question 2

Prior restraint (what is it?)

Answer 2

With prior restraints the govt is intruding before communication occurs.

Question 3

Prior Restraints (Rules)

Answer 3

If administered neutrally, the regular TPM mid-level scrutiny applies.
If administered in a way that may result in content-based discrimination, strict scrutiny applies

Question 4

Prior restraints are

Answer 4

Presumptively unconstitutional and subject to strict scrutiny. EXC: TPM

Question 5

Traditional Public Forum (what is it?)

Answer 5

Public facilities that have by long tradition been dedicated to the free exchange of ideas (streets, sidewalks, park)

Question 6

Traditional Public Forum (rule)

Answer 6

Speakers have a presumptive right to access to traditional forums for speech. Use content based rule

Question 7

Designated Public Forum (what is it?)

Answer 7

Public facility that is not a traditional public forum, but one that the govt has intentionally dedicated to the expressive activity

Question 8

Designated Public Forum (rule)

Answer 8

Govt may limit the scope or the use based on the speaker, but full protection to the expression applies.

Limitations must be reasonable in light of the purpose served by the forum and are viewpoint neutral – Full Protection (Strict Scrutiny)

Question 9

Non-Public Forum (rule)

Answer 9

Limited protection regulations in non-public forums will be upheld if reasonable and viewpoint neutral.
Thus, the restriction can be content based, but must remain viewpoint neutral (not favoring one side of the discussion over the other).

Question 10

Non-Public Forum (what is it?)

Answer 10

All other govt facilities

Question 11

Private prop (rule)

Answer 11

Full protection - Strict Scrunity