First Amendment

Question 1

True Threats

Answer 1

The First Amendment does not protect “true threats”—statements meant to communicate an intent to place an individual or group in fear of bodily harm.

Question 2

Fighting words:

Answer 2

those personally abusive epithets that, when addressed to the ordinary citizen, are inherently likely to incite immediate physical retaliation. (narrowly read)

Question 3

Hate crime legislation:

Answer 3

SCOTUS generally will not tolerate in fighting words statutes restrictions that are designed to punish only certain viewpoints (i.e., proscribing fighting words only if they convey a particular message).ordinance that applies only to those fighting words that insult or provoke violence on the basis of race, religion, or gender is invalid]

Question 4

Prior restraint must be:

Answer 4

“narrowly drawn, reasonable, and definite.” There must be some special societal harm justifying the restraint.

Question 5

Regulation affecting speech in a public or designated public forum must be: (3 things)

Answer 5

(i) be content neutral, (ii) be narrowly tailored to serve an important government interest, and (iii) leave open alternative methods of communication

Question 6

A content-neutral speech regulation will be upheld if it: (2 things)

Answer 6

(i) furthers important interests that are not related to the suppression of speech, and (ii) does not burden more speech than is necessary to advance such interests. This is an intermediate scrutiny standard.

Question 7

A content-based speech regulation, on the other hand, is subject to:

Answer 7

a strict scrutiny standard. It will be upheld only if it is:1. necessary to serve a compelling state interest, and 2. is narrowly drawn to achieve that purpose.

Question 8

Limited public forum regulations must be: (time, place, and manner)

Answer 8

1. viewpoint neutral and 2. rationally related to a legitimate government purpose.

Question 9

Justifying limitation on symbolic conduct: (4 things)

Answer 9

(i) The regulation is within the constitutional power of the government; (ii) It furthers an important governmental interest; (iii) The governmental interest is unrelated to suppression of speech; and (iv) The incidental burden on speech is no greater than necessary.

Question 10

Community standards may be used:(Obscenity) (2 things)

Answer 10

1. In determining whether material appeals to a prurient interest in sex.2.to determine whether material is patently offensive.

Question 11

National standard must be used in determining speech:(Obscenity)

Answer 11

Does not have serious literary, artistic, political, or scientific value