First Amendment - Freedom Of Speech

Question 1

What Is protected speech (I.e government can’t regulate or censor)

Answer 1

Words, symbols, expressive conduct

Question 2

What is expressive conduct

Answer 2

Acts that are inherently expressive or intended to convey a message and reasonably likely to be perceived as conveying that message

Question 3

What are the categories of unprotected speech? (I.e government can censor)

Answer 3

Fighting words, incitement, and obscenity

Question 4

Incitement

Answer 4

Intended to produce imminent lawless action; and likely to produce such action. Censorship is ok.

Question 5

Fighting words

Answer 5

Personally abusive words likely to incite physical retaliation. Includes true threats (I.e. intended to convey a serious threat of bodily harm). Censorship is ok.

Question 6

When is speech obscene?

Answer 6

It describes sexual conduct specified by statute that when viewed as a whole by an average person: (1) appeals to prurient interest in sex using community standards; (2) patently offensive under community standards; and (3) lacks serious societal value based on national standards

Question 7

Child pornography…

Answer 7

Can always be censored and possession inside or outside the home is punishable

Question 8

Can possession of obscene materials be punished inside the home?

Answer 8

No unless it’s child porn

Question 9

What are forms of partially protected speech?

Answer 9

Defamatory speech and commercial speech

Question 10

What forms of commercial speech are never protected?

Answer 10

False, misleading, about illegal products/ services

Question 11

When may commercial speech be regulated?

Answer 11

Substantial government interest; directly advances the interest; and narrowly tailored to serve the interest

Question 12

Unprotected government employee speech

Answer 12

Government can regulate private speech made at work if disruptive to the work environment and speech made pursuant to job duties about matters of public concern

Question 13

Protected public employee speech

Answer 13

If speech is about public concern and not made pursuant to job duties it may be restricted if government interest outweighs employees interest as a citizen commenting on matters of public concern. Private speech outside workplace generally can’t be punished unless it has a detrimental effect on workplace.

Question 14

When can the government restrict speech of speaker because of an unruly audience?

Answer 14

Police are absolutely unable to control the crowd

Question 15

What are the two categories of general speech restrictions

Answer 15

Content based and content neutral

Question 16

What is content based restriction

Answer 16

Based on viewpoint or subject matter

Question 17

What is standard for content based restrictions

Answer 17

Strict scrutiny - necessary to achieve a compelling government purpose (has to be the least restrictive means)

Question 18

What is the standard for content neutral restrictions

Answer 18

Important government interest and doesn’t burden more speech than necessary - has to be narrowly tailored. Generally, time, place, manner restrictions on speech are ok.

Question 19

Are first amendment rights absolute?

Answer 19

No

Question 20

When can government restrict student speech on campus

Answer 20

Students personal speech on campus cannot be censored unless there is evidence of substantial disruption

Question 21

Can government restrict student off campus speech

Answer 21

Yes if it’s to prevent cheating, bullying, threats, and other speech where safety interest clearly outweigh students speech interest

Question 22

What is a public forum?

Answer 22

Public property that historically has been open to speech related activity (sidewalks and public parks)

Question 23

What is a designated public forum?

Answer 23

Public property usually not used for speech but government has opened for speech at particular times (public school gym that can be used by public when not being used by the school)

Question 24

What is a limited public forum?

Answer 24

Property not usually open for speech activity but government has opened up for speech for a particular purpose

Question 25

What is a non public forum?

Answer 25

Government Property not historically open for speech (I.e. military base, government workplace).

Question 26

When is a term content neutral?

Answer 26

Neutral as to subject matter and viewpoint

Question 27

When is a regulation viewpoint neutral?

Answer 27

Does not permit presentation of one side to the exclusion of the other side of the argument.

Question 28

What is the clear and present danger test?

Answer 28

State can’t forbid use of force or violation of law unless (1) speech is directed at inciting imminent lawless action; and (2) likely to produce such action.

Question 29

Can the government restrict speech on public/ designated public forums?

Answer 29

Yes, content neutral time, place, and manner restrictions will be valid if narrowly tailored to serve and important interest and leaves open alternative ways of communication; content based restrictions will get strict scrutiny.

Question 30

Is content regulation of speech in a non public forum allowed?

Answer 30

Yes, if the regulation is viewpoint neutral and reasonably related to a legitimate government interest.