First Amendment Freedom of Speech and Assembly Rules

Question 1

Obscenity and Sexually-oriented speech

Answer 1

TEST: In order for the government to be able to punish work without violating the 1st A requires ALL of the following:

(1) the average person applying contemporary community standards would find that the work taken as a whole appeals to the prurient interest

(2) the material must depict or describe in a patently offensive way, sexual conduct of a sort that is specifically defined by the obscenity law in question; and

(3) the work taken as a whole must lack serious literary, artistic, political or scientific value (national standard)

Question 2

Profane and Indecent Speech

Answer 2

Generally, protected by the 1st A except in (1) schools and (2) over the broadcast media

Question 3

Profane and Indecent Speech

Exception: schools

Answer 3

Schools can punish profane and indecent language including sexual innuendo BUT the power of the school to restrict speech extends only to the school premises and while the students are involved in school events and activities;

(1) the school can only limit speech if it intrudes on the rights of other students; it causes a substantial disruption to the school, or it can be reasonably forecast to cause a substantial disruption

(2) if the student is NOT on school grounds, a school can still limit student’s speech if the student is at a school-sponsored event, under reasonable control of the school, and where the message promotes some dangerous/illegal activity

Question 4

Profane and Indecent Speech

Exception: broadcast media

Answer 4

broadcast is uniquely intrusive in the home, CAN senor profanity

(EXCEPT for cable television and internet which people choose to bring into their home)