First Amendment - Freedom of Expression

Question 1

Protests at particular residence

Answer 1

no right to protect at particular residence

Question 2

what can a Govt Employee speak about?

Answer 2

in alleging employer violated FS, employee must show he was speaking on a matter of public concern

balancing: govt interest in efficient management of internal affairs vs. employee’s interest in speaking on the matter of public concern

Question 3

What are facial attacks?

Answer 3

prior restraint
overbreadth
vagueness
unfettered discretion

Question 4

when can the govt exercise a prior restraint?

Answer 4

a) there is a particular/societal harm to be avoided; and

b) certain procedural safeguards are provided to the speaker,
i) The standards must be narrowly drawn, reasonable, and definite; o
ii) The censoring body must promptly seek an injunction; and o
iii) There must be a prompt and final judicial determination of the validity of the restraint

Question 5

what is the test for overbreadth?

Answer 5

Ordinance invalid as overbroad if it prohibits activities that may be constitutionally forbidden and also those that may be protected under 1A (allowable under another standard)

Question 6

what is the test for vagueness?

Answer 6

Regulation is void as vague if ordinance is so unclear that reasonably intelligent persons would have to guess at its meaning and would differ as to its application

Question 7

what is unfettered discretion?

Answer 7

A regulation cannot give officials unfettered discretion over determining speech issues (e.g., power to raise permit fee, or require review); there must be defined standards; it must provide definite standards; a statute that gives unfettered discretion is void on its face

Question 8

when can the govt regulate expressive conduct?

Answer 8

1. The regulation is within the government’s power to enact; •
   2. It furthers an important governmental interest; •
   3. The interest is unrelated to the suppression of ideas; and •
   The burden on speech is no greater than necessary

Question 9

what are the exception for regulation of content based speech?

Answer 9

defamation
obscenity
hostile audience
unlawful action
fighting words
true threat

Question 10

when will a regulation of obscenity be upehld?

Answer 10

1. relates to sexual interest based onlocal std
2. depiction is patently offensive
3. provides no literary artistic politcal scientific merit

Question 11

what is unlawful advocacy?

Answer 11

1. speaker subj itends to produce imminent unlawful action

2. the speech obj would incite such action

Question 12

what are the test for content neutral or TPM regulation?

Answer 12

public forums and designated public foruns (“IS/SS”)

1. content and vp neutral
2. narrowly tailored
3. impt int
4. alt channels

limited public forums and nonpublic forums (“RB”)

1. vp neutral
2. reasonably related
3. legit interest

Question 13

what is quasi protected speech? when is it allowed? when can govt reg?

Answer 13

1. Commercial speech is protected if it
2. is not false or deceptive and
3. does not relate to unlawful activity.
4. But gov’t can still regulate if it
5. serves a substantial gov’t interest +
6. directly advances that interest +
   narrowly tailored to achieve that interest (reasonable fit b/w goals and means)