Freedom of Expression and Association - Regulation of Speech

Question 1

Freedom of Expression

Answer 1

Freedom of expression is not absolute. While governmental regulation of the content of speech is severely constrained, governmental regulation of the time, place, and manner of speech is subject to less restriction.

Question 2

Expressive Conduct (Symbolic Speech)

Answer 2

subject to a lesser degree of protection than speech

a regulation of expressive conduct is upheld if:

• the regulation is within the gov’ts power to enact
• it furthers an important gov’t interest
• the interest is unrelated to the suppression of ideas
• the burden on speech is no greater than necessary

Question 3

Overbreadth

Answer 3

a law that burdens a substantial amount of speech or other conduct constitutionally protected by the First Amendment is “over broad” and therefore void (does not apply to commercial speech)

may be challenged as “facially invalid” to prevent a chilling effect on protected speech

Question 4

Vagueness

Answer 4

a statute is void for vagueness if it fails to provide a person of ordinary intelligence with fair notice of what is prohibited

Question 5

Prior Restraints

Answer 5

regulation of speech that occurs in advance of its expression; presumed unconstitutional with limited exceptions

limited exceptions require at a minimum that: (1) there is a particular harm to be avoided; and (2) certain procedural safeguards are provided to the speaker

Question 6

Unfettered Discretion

Answer 6

a law or regulation that permits a government official to restrict speech must provide definite standards as to how to apply the law in order to prevent gov’t officials from having unfettered discretion over its application

a statute giving gov’t officials unfettered discretion is void on its face

Question 7

Freedom Not to Speak

Answer 7

the first amendment not only protects the freedom of speech, but also the freedom not to speak

Question 8

Government Speech

Answer 8

need not be viewpoint-neutral, but is subject to the Establishment Clause

Question 9

Campaign Related Speech

Answer 9

Contributions - statutes limiting campaign contributions are subject to intermediate scrutiny

Expenditures - restrictions on expenditures by individuals and entities on communications during an election campaign regarding a candidate are subject to strict scrutiny