Freedom of Speech

Question 1

Cohen Analysis

Answer 1

(1) This guy can pull off antics, in major part shouting “fuck the draft”
(2) Because speech is not low-value just because it is
(2a) emotive
or
(2b) creates a disturbance to the public

Question 2

What are the four classifications of speech restrictions?

Answer 2

(1) High-Value Speech
(2) Commercial Speech
(3) Time/place/manner Regulations
(4) Low-Value Speech

Question 3

What scrutinty for low value speech?

Answer 3

Low level Scrutiny

Question 4

What scrutiny for Time/Place/Manner regulations?

Answer 4

Intermediate Scrutiny (Rock)

Question 5

What scrutiny for Commercial Speech?

Answer 5

Intermediate Scrutiny (Central Hudson)

Question 6

What scrutiny for High-Value Speech?

Answer 6

Strict Scrutiny (Cohen)

Question 7

What extra question must be asked under the hudson/fox intermediate scrutiny test?

Answer 7

“Does the regulation “directly advance” governmental interest

Question 8

What extra question must be asked under the Rock Intermediate scrutiny test?

Answer 8

Does the law leave open “alternative channels of communication”?

Question 9

Fox analysis

Answer 9

(1) strict scrutiny does not apply in cases where commercial and high-value speech may be linked
(2) Because putting the pledge of allegience before a contract would not make it subject to strict scrutiny
so
(3) the college campus’ commercial speech restriction was valid.

Question 10

Rock Analysis

Answer 10

(1) Because content of the law is nuetral, not targeted at particular kinds of speech
(2) intermediate scrutiny applies
so
(3) Rock against Racism can be found to have violated noise ordinances at their concerts

Question 11

Tinker analysis

Answer 11

(1) Black armbands are speech protected by intermediate scrutiny
(2) In the highschool context
Because
(3a) Students age (operative fact)
(3b1) it’s type (symbolic)
(3b2) its location (operative fact)

Question 12

Are speech for illegal activities protected for children at school?

Answer 12

No, it can create conerns about school safety so intermidiate scruitiny does not apply.

Question 13

Mahanoy Analysis

Answer 13

(1) The girl was allowed to snapchat “Fuck cheer, my teachers etc.”
(2) Because she was off campus, even though the communication effected campus

Question 14

Counterman Analysis

Question 15

Watts analysis

Answer 15

Context, like a political rally, can make something not a ‘true threat’
But a true threat is not defined

Question 16

Counterman analysis

Answer 16

There is an unprotected category of speech called true threats Where
Subjectve intent will be more useful that
subjective recklessness
then
Objective recklessness