Freedom of Expression and Association Flashcards
What do content-based regulations of speech trigger?
Strict Scrutiny
Usually struck down.
What is government speech?
1st Amendment restrictions do not generally apply to government speaker. Exception: specialty license plates, can refuse to issue if offense.
What is the rule for corporation speech?
Same rights as individuals.
Does the press and media have special rights?
No. Same rights as everyone else.
Broadcasters are special. More regulatory authority.
Is littering a sufficient government interest in regard to leafletting?
No.
What are the rules for regulation of association?
Cannot be punished for political associations.
Loyalty oaths can be required for public employees, but must not be vague or over-broad.
States cannot require open primaries.
What are the rules for regulation of time, place, or manner of expression?
Apply in public forums.
- Only time, place, manner may be regulated.
0 3 requirements; (1) content neutral - on face and as applied. No executive discrimination; (2) alternative channels must be left open; and (3) narrowly tailored to serve a significant state interest.
If Non-Public: Must be reasonable. Viewpoint not allowed.
What is vagueness and over-breadth?
Vagueness
- Vague laws that given no clear notice are vague and violate due process.
Over-Breadth
- Over-broad laws burden substantially more speech than necessary to protect a legitimate interest.
What are the rules for expressive conduct?
Law regulating expressive conduct upheld if
- Furthers an important interest
- Interest is unrelated to suppression of expression; and
- Burden on expression no greater than necessary.
What is the rule for speech by government employee?
Government employee generally cannot be hired or fired based on political party of philosophy or act of expression.
Exception: confidential advisors or policy-making employees.
What are the non-protected/less protected expression categories?
Obscenity
- Sexy
- Standards - of what is obscene
- Lack of serious value
- Lesser standard for minors
- Can restrict adult theaters so long as they go somewhere.
- Child porn: possession punishable no matter what
Incitement - Immediate
Fighting Words - vulgarity not enough
Defamation
Commercial Speech - Struct down if truthful/informative. Must directly advance a substantial government interest and narrowly tailored.
What are prior restraints?
Disfavored and struck down injunctions against speech.
What is the rule for campaign finance?
Contributions
- Can be regulated as long as limits are not unreasonably low.
- Direct expenditures cannot be regulated.
Independent Expenditures
- Cannot be regulated.
- Coordinated expenditure disguised contribution can be regulated.
What is the clear and present danger exception to speech based on conduct/prior restraints?
Although governmental regulation of speech based on its content is generally prohibited, among the limited exceptions permitting such regulation is speech that represents a clear and present danger of imminent lawless action
