Free Speech (1st)

Question 1

Speech Laws - General

Answer 1

Content Based (SM or VP): SS unless less protected

Content Neutral: T/P/M reg. narrowly tailored to important gov’t int + adq. alt’s left open

Question 2

Less Protected Speech

Answer 2

PICOG
Profane
Incite Illegal Act
Commercial 
Obscene
Gov't EEE on job

Question 3

Less Protected Speech - Profane

Answer 3

protected, but not in schools or free broadcast media

Question 4

Less Protected Speech - Incite Illegal Act

Answer 4

not protected

sub. likelihood of immediate illegal act + speech directed at causing it

Question 5

Less Protected Speech - Commercial

Answer 5

false/deceptive/illegal not protected

can also ban professionals from trade names and in person attorney solicitation for profit

Question 6

Less Protected Speech - Obscene

Answer 6

not protected
(1) appeal to prurient interest (community) + (2) patently offensive under law + (3) no redeeming value (national)

• Kid porn banned regardless of obscenity
• Can regulate location of adult stores
• Can seize biz assets after obscenity conviction
• Can’t ban private ownership of obscene material except kid porn

Question 7

Less Protected Speech - Gov’t EEE on Job

Answer 7

Not protected (but can’t challenge gov’t speech)

Question 8

Protected Speech

Answer 8

Reporters truthful, legally obtained reporting (+ illegal if public interest and media didn’t participate)

Anonymous

Question 9

Prior Constraints on Speech

Answer 9

SS (most comply w/ order to challenge)

License ok if (1) imp. reason, (2) clear criteria, (3) procedural safeguards and (4) no discretion

Question 10

Vague/Overbroad Speech Regulation

Answer 10

Can’t tell what is prohibited / regulates more than allowed (unconstitutional: fighting words laws)

Question 11

Symbolic Speech Regulation

Answer 11

OK if (1) important interest unrelated to suppression + (2) impact no greater than necessary to achieve

• flag burn ok, draft card not
• cross burn ok unless threat intent
• cont limits ok, exp limits not

Question 12

Speech Forums

Answer 12

Public (open to speech)
Designated Public (chooses to open)
Limited Public (open to some groups/topics)
Non-Public (closed)
Private

Question 13

Speech - Public and Designated Public

Answer 13

Normal (Content: SS, Neutral: TPM narrowly tailored to imp. gov’t int. + adq. alt’s open)

Question 14

Speech - Limited Public and Non-Public

Answer 14

Viewpoint neutral and RBR

Question 15

Private

Answer 15

No 1st Amd. Rights