freedom of expression

Question 1

freedom of expression, the general principle

Answer 1

The government may not interfere with or distort the marketplace of ideas, especially with respect to political speech

Question 2

content-based discrimination

Answer 2

strict scrutiny applies

Question 3

exceptions to content-based

Answer 3

(a) Unprotected or low-value speech
(b) Government as speaker
(c) Content-neutral conduct regulation
(d) Content-neutral time, place, and manner regulation

Question 4

Unprotected or low-value speech test

Answer 4

rational basis

Question 5

Unprotected or low-value speech types

Answer 5

fighting words
hostile audience speech
obscene speech
defamatory

Question 6

low-value speech

Answer 6

quasi-protected

commercial speech

Question 7

conduct, non-public forum

Answer 7

the regulation must be reasonably related to a legitimate government purpose

Question 8

conduct, public forum

Answer 8

(a) Be content neutral, as to both subject matter and viewpoint (i.e., the regulation cannot
prefer some messages over others);
(b) Be narrowly tailored to serve an important government interest; and
(c) Leave open alternative channels of communication

Question 9

can only punish for hostile audience speech if

Answer 9

1- the intention is to produce imminent lawless action
2- be likely to produce imminent and lawless action
ex; if someone is just protesting and people are heckling him, likely not punishable