First Amendment

Question 1

A ____ is a court order/administrative system that keeps speech from occurring

Answer 1

Prior restraint

Question 2

T/F
Collateral Bars on speech and publication are the most serious and least tolerable infringement on First Amendment rights.

Answer 2

False,

the correct answer is prior restraint

Question 3

Gov’t encouraging stores not to sell a publication is an example of a ____

Answer 3

Prior restraint

Question 4

Movie censorship is an example of a ____

Answer 4

Prior restraint

Question 5

Gov’t encouraging stores not to sell a publication is an example of a ____

Answer 5

Prior restraint

Question 6

State the first amendment for essay purposes

Answer 6

Congress shall make no law …..abridging the freedom of speech.

Question 7

___ ___ laws target speech based on its communicative content

Answer 7

Content BASED

Question 8

___ ___ laws target all speech, regardless of its message

Answer 8

Content NEUTRAL

Question 9

What level of scrutiny is applied to content based regulations?

Answer 9

Strict Scrutiny

Question 10

What level of scrutiny is applied to content neutral regulations?

Answer 10

Intermediate scrutiny

Question 11

Essentially, ___ ____ regulations are restrictions that are applied differently , depending on the message.

Answer 11

content based

Question 12

If the regulation restricts speech based on viewpoint, such as “offensive”, it is likely a ___ ___ regulation

Answer 12

content based

Question 13

Placement of a permanent monument on public property is considered ___ speech

Answer 13

Gov’t

Question 14

T/F

Gov’t speech is subject to scrutiny under freedom of speech of the 1st Amend.

Answer 14

False

Question 15

What are the 2 major types of prior restraints?

Answer 15

Licensing (permits) and injunctions (court order stopping someone from doing something)

Question 16

A first amendment analysis is only triggered if there is an ____

Answer 16

Infringement

Question 17

If the speech falls into the ___ category, the gov’t can prohibit and punish it, regardless of 1st Amend. rights

Answer 17

unprotected

Question 18

The court in Brandenburg, held that speech can be prohibited if it is : (1) directed at ___ or producing ___ lawless action and (2) ___ to ___ or produce such action

Answer 18

inciting
imminent
likely
incite

Question 19

If no one is listening to the speech, the speech is not considered ____

Answer 19

imminent

Question 20

Fighting words is any speech directed at ___ and likely to provoke a ___ response

Answer 20

another

violent

Question 21

Laws regulating fighting words must be ___, or run the risk of being unconstitutionally vague or over-broad

Answer 21

specific

Question 22

What is the difference between incitement and FW?

Answer 22

Incitement = speaker is encouraging the audience

FW= speaker and audience are at odds

Question 23

As held in CHAPLINSKY, a state can use its ____ ___ to curb speech in the interests of maintaining order and morality

Answer 23

police power

Question 24

To determine whether words will be categorized “fighting words”, the test is what men of ___ ___ would understand to be words likely to cause an ___ addressee to ___

Answer 24

common intelligence

average

fight

Question 25

T/F | If no one is present when fighting words are spoken, the speech is protected

Answer 25

False, still unprotected

Question 26

A statute prohibiting "offensive" language will likely be struck down as ____, and thus unconstitutional

Answer 26

over-inclusive

Question 27

Under the 1st Amend, ___ may not regulate categories of unprotected speech such as FW on the basis of ___

Answer 27

states | content

Question 28

As held in RAV, a statute that regulates the content of speech on its face will only survive a constitutional challenge if ___

Answer 28

it is necessary to serve a compelling state interest

Question 29

___ and ____ are categories of speech never protected by the 1st Amend

Answer 29

FW and incitement

Question 30

Gov't speech will typically be upheld if its ___ ____ to a ___ state interest

Answer 30

rationally related | legitimate

Question 31

T/F Freedom of speech is absolute

Answer 31

FALSE

Question 32

In order to justify a ___ ___ regulation, the gov't must show it is necessary to serve a ____ state interest and that it is __ __ to achieve this (also known as___)

Answer 32

Content based compelling narrowly tailored STRICT SCRUTINY

Question 33

In order for a regulation to be content-neutral, it must be both ___ and ___ neutral.

Answer 33

viewpoint and subject-matter neutral

Question 34

Viewpoint neutral means the gov't cannot regulate speech based on ____ of the message

Answer 34

ideology

Question 35

Subject-matter neutral means the gov't cannot regulate speech based on ____

Answer 35

topic

Question 36

Essentially, ___ ___ is a time, place, and manner restriction or regulation

Answer 36

content neutral

Question 37

As held in RENTON, a content based restriction will be deemed content neutral if its motivated by ____

Answer 37

secondary effects

Question 38

A regulation that allows speech, but limits it to certain places and manner is a ____ regulation

Answer 38

content neutral

Question 39

A law is unconstitutionally ___ if a reasonable person cannot tel what speech is prohibited and what's permitted

Answer 39

vague

Question 40

A law is unconstitutionally ___ if it regulates substantially more speech than the constitutional allows to be regulated

Answer 40

overbroad

Question 41

Name the 6 exceptions to prior restraints

Answer 41

Military Ciscumstances War/National security Preserving for trial Speech that is Obscene Speech that incites violence Contractual Agreement

Question 42

When discussing permits and license, the court will look for: (4 things)

Answer 42

1) unfettered discretion 2) procedures in place to challenge the denial of a permit or license 3) is it broad 4) request process

Question 43

What is the 3-part balancing test to determine if a prior restraint used to preserve a trial will be upheld or deemed unconstitutional?

Answer 43

1) the nature and extent of the potential harm 2) whether other measures could be taken to mitigate unfairness to the defendant 3) how effective the prior restraint would be in preventing the harm

Question 44

T/F | The gov't may not outlaw symbols of hate

Answer 44

TRUE

Question 45

T/F Expression of hate is not protected speech

Answer 45

FALSE

Question 46

In hostile audience cases, speech will be protected unless it is shown that the speech is likely to produce a ___ and ____ ___ of ___ ___

Answer 46

clear present danger imminent evil

Question 47

Speech that presents a clear and present danger of imminent evil must also rise far above ___, ___, or ____

Answer 47

inconvenience annoyance unrest

Question 48

The government may regulate obscene material which: (5 elements)

Answer 48

1) Depicts or describes sexual conduct 2) Which conduct is defined specifically by state law 3) Would be found to appeal to the ‘prurient interest’ by average person 4) Portrays sexual conduct in a patently offensive way & 5) Has no serious literary, artistic, political or scientific value

Question 49

Obsence material must have serious ___, ___, ___ , or ____ value to be protected, using a ____ standard.

Answer 49

literary, artistic, political scientific national

Question 50

___ material is material which deals with sex in a manner appealing to ___ _____

Answer 50

obscene prurient interest

Question 51

Obscene material has the tendency to excite ___ thoughts

Answer 51

lustful

Question 52

A state may prohibit the distribution of material depicting ____ engaged in sexual conduct without requiring that the material be ____

Answer 52

children obscene

Question 53

T/F | False Advertising is protected by the 1st Amend.

Answer 53

False

Question 54

In determining whether a regulation of commercial speech is valid, what is the 4 step process used by SCOTUS?

Answer 54

1) First, determine whether commercial speech concerns a lawful activity and is not misleading/fraudulent. If it is a lawful activity & not misleading or fraudulent, the regulation will be valid only if it: 2) Serves a substantial government interest 3) Directly advances the asserted interest; and 4) Is narrowly tailored to serve substantial interest.

Question 55

___ ____is protected by the first amendment so long as it is not misleading or doesn’t promote illegal product or enterprise.

Answer 55

Commerical Speech

Question 56

``` Commercial speech is communication which: Does no more than propose a ___ ___ or is an ____ and references specific products and is mailed for _____ motivations ```

Answer 56

Commercial Transaction Advertisement Economic

Question 57

What is the Hudson 4-prong test for commercial speech? | E.A.D.M

Answer 57

1) Is the expression protected by the 1st Amen? 2) Is the asserted gov't interest substantial? 3) Does the regulation directly advance the governmental interest asserted? 4) Is the regulation more extensive than is necessary to serve that interest?