First Amendment Free Speech

Question 1

Generally, what is the first amendment freedom of speech?

Answer 1

Under the first amendment, citizens and the press have the freedom to speak and the freedom not to speak. This also extends to symbolic acts that communicate an idea.

Question 2

What are the two types of speech regulations?

Answer 2

Content based or content neutral

Question 3

What standard of scrutiny are content based law evaluated under?

Answer 3

A law that restricts speech based on its content is generally subject to strict scrutiny.
Thus, the law is presumptively invalid, unless the government proves that the law
is narrowly tailored and necessary to serve a compelling government interest. Here,
narrow tailoring means that the government must use the least restrictive means to
achieve its compelling interest.

(Cant be over or under inclusive)

Question 4

What is a content based regulation?

Answer 4

Regulations forbidding communication of specific ideas.

Question 5

What is a content neutral law?

Answer 5

A content-neutral regulation restricts speech without reference to its content.
Content-neutral regulations typically are based on the time, place, or manner of
the speech.

Question 6

What level of scrutiny are content neutral laws evaluated under?

Answer 6

intermediate scrutiny.

Thus, the law is presumptively
invalid, and the government must prove that the law serves a significant or substantial
government interest, is narrowly tailored to burden no more speech than necessary,
and leaves open ample alternative channels of communication.