First Amendment

Question 1

content based v. content neutral restrictions

Answer 1

content based restrictoins must meet strict scruinty

types:

1. subject matter restrictions (depends on message type)
2. viewpoint restrictions (application depends on the ideology of the message)

Question 2

prior restraint

Answer 2

court order suppressing speech must meet strict scrutiny. must comply with court order until overtuned

gov can require a license for speech only if there is an imporatnt reason for licensing and clear criteria leaving almost no discretion to licensing authority

Question 3

vagueness and overbreadth

Answer 3

vagueness - law is unconstituionally vague if a reaosnable person can’t tell what speech is prohibited + allowed

overbreadth - law is unconst. if it regulates substnatially more speech than the const. allows to regulate

fighting words are unconst. vague and overbroad

Question 4

symbolic speech

Answer 4

can regualte conduct that commnicates if it has an important interest unrelated to suppression of the message AND if the impact on communication is no greter than necessary to achieve purpose

e.g. flag burning is okay
burnign draft card not okay
local gov can prohibt stripping
burning cross is okay if not done to threaten
contribution limits election cmapaign is fine but expenditure limit is not const.

Question 5

compelled speech

Answer 5

violates 1st A

Question 6

anonymous speech

Answer 6

protected

Question 7

government speech

Answer 7

cannot be violative of 1st A