First Amendment speech

Question 1

Content based regulation

Answer 1

Strict scrutiny: Is government regulation necessary to achieve a compelling government interest

Unless

Less protected/unprotected speech

Question 2

Regulation of manner of speech delivery

Answer 2

Time place and manner

Question 3

Public forum: valid if

Answer 3

Content neutral (if not strict scrutiny)

Narrowly tailored to achieve an important government interest

Alternative channels of communication are left open

Question 4

Nonpublic forum

Answer 4

Viewpoint neutral

Reasonably related to legitimate governmental interest

Question 5

Designated public forum

Answer 5

Nonpublic forum opened to speech at a particular time

Content neutral

Narrowly tailored to achieve an important government interest

Alternative channels of communication are left open

Question 6

Limited public forum

Answer 6

Nonpublic forum opened to speech on a limited range of subjects

Viewpoint neutral

Reasonably related to legitimate governmental interest

Question 7

Symbolic speech regulations

Answer 7

Government can regulate conduct that communicates if it has an

1. important interest unrelated to suppression of the message and
2. If the impact on communication is no greater than necessary to achieve the governments purpose

Question 8

Incitement Test

Answer 8

(Speech advocating unlawful activity generally protected) BUT

Government may punish speech if it

Directed to inciting or producing

Imminent unlawful action and

Likely to incite or to produce imminent unlawful action.

Question 9

Obscenity Test

Answer 9

1. Material must appeal to the prurient interest

2 Material must be patently offensive under the law prohibiting obscenity (community standard)

3. Taken as a whole the material must lack serious redeeming artistic, literary, political or scientific value