First Amendment Freedom of Speech

Question 1

Freedom of speech

Answer 1

The first amendment, applicable to the states through the Fourteenth Amendment, requires the government to not interfere with the freedom of speech.

Question 2

Content-Based vs. Content Neutral Regulations

Answer 2

If the government regulates speech content, the regulation is subject to strict scrutiny. Content neutral speech regulations are subject to intermediate scrutiny.

Question 3

Content based

Answer 3

Under strict scrutiny, the government may regulate speech content if the regulation is (1) necessary and the least restrictive means to achieve (2) a compelling state interest.

Question 4

Content Neutral

Answer 4

Content neutral speech regulations are subject to intermediate scrutiny and upheld if the government shows (1) law is substantially related to an (2) important government interest

Question 5

Time, Place, and Manner Restrictions

Answer 5

The government’s ability to regulate time, place, and manner of speech varies with the forum in which the speech takes place.

Question 6

Public Forum

Answer 6

A public forum may be traditional or designated. Traditional public forums are historically associated with expression. A designed public forum is not historically used for speech activities, but the government opens for such use. To be valid, government speech regulation in public forums must be (1) content neutral, (2) substantially related to an important government interest, and (3) leave open alternative communication channels.

Question 7

Nonpublic Forum

Answer 7

A nonpublic forum is all public property that is not a traditional or designated public forum. The government may regulate speech activities in nonpublic forums as long as the regulation is (1) viewpoint neutral, and (2) 17rationally related to a legitimate government interest. Viewpoint neutral means the government may prohibit speech on certain issues altogether, but not allow only one side of an issue to be presented.

Question 8

Symbolic Speech

Answer 8

Protected speech includes symbolic speech (expressive conduct). Government regulation of symbolic speech is upheld if (1) the regulation, within the government’s power to enact (e.g. police power), (2) furthers an important government interest, (3) unrelated to suppressing ideas, and (4) burdens speech no greater than necessary.

Question 9

Commercial Speech

Answer 9

The First Amendment protects commercial speech that is truthful, not misleading, and concerns lawful activity. Regulation of commercial speech is permissible when the regulation (1) serves a substantial government interest, (2) advances that interest directly, and (3) is narrowly tailored to serve that interest.