Freedom of Expression: Regulation of Speech Flashcards
Regulation of Speech: Expressive Conduct
Regulation of expressive conduct is upheld if:
(1) Furthers IMPORTANT governmental interest;
(2) Interest is UNRELATED TO SUPPRESSION of ideas; and
(3) Burden on expression is NO GREATER THAN NECESSARY
Regulation of Speech: Vagueness
A statute is void for vagueness if it fails to provide a person of ordinary intelligence with fair notice of what is prohibited
Regulation of Speech: Overbreadth
A law that burdens a substantial amount of speech or other conduct constitutionally protected by First Amendment is overbroad and therefore void
Regulation of Speech: Prior Restraints
Regulation of speech that occurs in advance of its expression
Generally presumed to be unconstitutional
Regulation of the Time, Place, or Manner of Expression
Apply principally in a public forum
Regulation of the Time, Place, or Manner of Expression: Public Forum
Place traditionally reserved for speech activities
Regulation of the Time, Place, or Manner of Expression: Requirements for Regulation
Restriction must be:
(1) CONTENT NEUTRAL;
(2) NARROWLY TAILORED to serve a significant governmental interest; and
(3) LEAVE OPEN ALTERNATIVE CHANNELS of communication
Regulation of the Time, Place, or Manner of Expression: Nonpublic Forum
Government may regulate speech-related activites in nonpublic forums as long as regulation is:
(1) Viewpoint neutral; and
(2) Reasonably related to legitimate governmental interest
Regulation of the Time, Place, or Manner of Expression: Private Property
Regulation of speech on a person’s own private property is RARELY UPHELD
Categories of Speech that Can Be Regulated Because of Content
(1) Obscenity
(2) Incitement to violence
(3) Fighting words
(4) Defamation
(5) Commercial Speech
Permitted Regulation of Content: Obscenity
Not protected by First Amendment
Test - Average person must find the material:
(1) Appeals to the PRURIENT INTEREST;
(2) Depicts sexual conduct in a PATENTLY OFFENSIVE; and
(3) LACKS serious literary, artistic, political, or scientific value
Permitted Regulation of Content: Incitement
Speech is not protected if it an incitement to IMMEDIATE violence
Permitted Regulation of Content: Fighting words
Words likely to provoke an immediate BREACH OF THE PEACE
Permitted Regulation of Content: Defamation
False statements of fact (not opinion) damaging to a person’s reputation can be prohibited
Permitted Regulation of Content: Commercial Speech
Regulation must directly advance a substantial government interest and be narrowly tailored to that interest
