Freedom Of Speech

Question 1

Speech includes:

Answer 1

Words, symbols, and expressive conduct

Question 2

Definition of inherently expressive speech:

Answer 2

Intended to convey message and reasonably likely to be perceived as such

Question 3

Unprotected speech includes:

Answer 3

Incitement, fighting words, obscenity, defamatory speech, and some commercial speech

Question 4

Incitement requires: 2

Answer 4

Intended to produce imminent lawless action, and likely to produce such action

Question 5

Fighting words are those likely to:

Answer 5

Provoke an immediate violent response

Question 6

True threats are [protected/unprotected] and must be intended to convey to someone a _____.

Answer 6

Unprotected; serious threat of bodily harm

Question 7

Obscenity describes or depicts sexual conduct that, taken as a whole by the average person: appeals to the ____ interest in sex, using a ______ standard; is ______ offensive under a ________ standard; AND lacks _____ using a ____, reasonable person standard.

Answer 7

Prurient; contemporary community standard

Patently; contemporary community standard

Serious value; national

Question 8

If defamation is about a public official, plaintiffs must prove all elements plus ___ and ____.

Answer 8

Falsity; some degree of fault (actual malice— knew it was false or had a reckless disregard as to truth/falsity)

Question 9

Private figure defamed on a matter of public concern. What must he prove to get each type of damages?

Answer 9

To get actual damages, must prove negligence.

To get punitive/statutory damages, must prove actual malice.

Question 10

Private figure defamed on a matter of private concern. What must she prove to get damages?

Answer 10

Actual malice not needed, just negligence

Question 11

Need to prove actual malice for IIED where plaintiff is a public figure/official, or the speech is on a matter of public concern. T/F?

Answer 11

True

Question 12

Commercial speech is NOT protected if it is: 3

Answer 12

False
Misleading, or
Promotes illegal products or services

Question 13

Commercial speech is protected unless false/misleading/illegal, and regulating this speech must serve a ____ govt interest, ____ that interest, and be _____ to serve that interest.

Answer 13

Substantial; directly advance; narrowly tailored

Question 14

Content-based speech regulation is subject to ____ and _______.

Answer 14

Strict scrutiny; presumptively unconstitutional.

Question 15

Content-based restrictions are those that restrict speech based on: 2

Answer 15

Subject matter

Viewpoint

Question 16

Content-neutral speech restrictions are subject to intermediate scrutiny, meaning they must advance _____ and must not _______.

Answer 16

Important interests unrelated to the speech suppression

Burden substantially more speech than necessary

(Often time/place/manner restrictions)

Question 17

Speech restrictions on govt property depends on whether it is a: 4

Answer 17

Public forum
Designated public forum
Limited public forum
Nonpublic forum

Question 18

Traditional public forums include

Answer 18

Streets, parks, sidewalks

Question 19

Designated public forums include a

Answer 19

Town hall open for use by social group

Question 20

Public or designated public forums get this level of scrutiny

Answer 20

Strict scrutiny, BUT intermediate if it’s content-neutral (usually time/place/manner)

Intermediate means it must be narrowly tailored to serve important govt interest AND leave open alternative channels

Question 21

Limited public forum restrictions can do this: …. As long as ….

Answer 21

Reserve forum for intended use, if viewpoint neutral and reasonably related to legit govt purpose.

If viewpoint-based, SS applies

Question 22

Student’s personal speech on campus can/not be censored. Exception?

Answer 22

Cannot, EXCEPT if there’s evidence of substantial disruption. (Although promoting illegal drug use can be flat out banned)

Question 23

Student personal speech off campus can only be censored where _____ clearly outweigh the _____.

Answer 23

Pedagogical or safety interests; speech interests of students as private citizens

Question 24

Students’ school speech may only be censored if _____.

Answer 24

Reasonably related to pedagogical concerns. (Can be students engaging in academic work, as well)

Question 25

Employment speech on a private concern may/may not be censored.

Answer 25

May

Question 26

Employers can/not punish a public employee’s speaking made on the job and in course of duties, even on a personal concern.

Answer 26

Can

Question 27

What will courts do when a gov employee’s speech is a matter of public concern but not made in employee’s official duties?

Answer 27

Employ a balancing test— value of speech versus gov interest in efficient operation of workplace

(Note, gov employee speech on private concern is unclear but prob protected unless it is detrimental to workplace)

Question 28

Overbreadth is a regulation that punishes _____.

Answer 28

Substantially more speech than is necessary

Question 29

Vagueness is a regulation that _____.

Answer 29

Fails to give people a reasonable notice of what is prohibited

Question 30

Overbroad regulations are considered ____.

Answer 30

Facially invalid

Question 31

Prior restraints are favored/disfavored. Test?

Answer 31

Disfavored. Is there a special societal harm justifying the restraint?

Question 32

Prior restraints that are valid must have three safeguards:

Answer 32

Narrowly drawn, reasonable, and definite

Injunction must be promptly sought to restrain dissemination of the speech

Prompt and final judicial determination

Question 33

Licensing systems may not give:

Answer 33

Officials unfettered discretion over speech issues— need distinct standards