Free speech Flashcards
content based restrictions
Any law that treats speech differently based on its substance or the viewpoint it reflects - are presumptively invalid only upheld if the underlying speech is itself unprotected or if the restrictions survive strict scrutiny
content neutral
Neutral if viewpoint and subject matter neutral
forum based restrictions
vary of protection depending on forum - 4 types : public, designated, limited, non
public forum
gov. property must make avail for con protected speech - three requirements on top of content neutrality - 1) time place and manner 2) license requirements must be objective 3) narrowly tailored (not necessary to be the least restrictive though)
designated public forum
open to all speech but doesnt have to like university building - if open, then same rules as apply to public forum
limited public forum
when decide to only open to some speech - can limit based on content but no viewpoint restrictions so long as they are reasonable restrictions given the forum’s purpose
nonpublic forum
categorically prohibit speech. but also must be viewpoint neutral - prisons, military, airports, public utility poles
how to determine forum
traditionally available for speech or primary purpose is to facilitate speech?
commercial speech
important interest but not held to same narrow tailoring as other forms of speech
commercial speech characteristics
ads, refers to specific product, and the speaker has an economic interest in the speech
four factor test when laws interfering with commercial speech will be upheld
1) false, deceptive speech?
2) if not is restriction justified by sub gov. interest
3) does it advance the interest
4) is reg no more extensive than necessary to achieve the interest?
very much resembles intermediate scrutiny but fourth part of this test looks more like SS
