Freedom of Speech (1st Amendment)

Question 1

What does the 1st Amendment prohibit the government from doing?

Answer 1

The 1st Amendment prohibits the government from “abridging” the freedom of speech and freedom of the press.

Question 2

What are laws concerning the content of speech?

Answer 2

Laws which regulate the subject matter or viewpoint of speech.

Question 3

What is the standard for laws regulating the content of speech

Answer 3

Strict Scrutiny

Question 4

Content Neutral Laws

Answer 4

Laws which do not place restrictions on the content of speech

Question 5

Laws which do not place restrictions on the content of speech must only meet

Answer 5

intermediate scrutiny to be constitutional.

Question 6

What are laws that place a prior restraint on speech?

Answer 6

Regulations that prohibit speech before it is made.

Question 7

What standard applies to laws placing prior restraints on speech?

Answer 7

Strict Scrutiny.

Question 8

A law is overly broad if it prohibits both

Answer 8

unprotected and protected speech.

Question 8

A law is vague if a reasonable person would

Answer 8

not know what speech is prohibited.

Question 9

What characterizes laws regulating symbolic speech?

Answer 9

Laws which prohibit conduct designed to make a statement.

Question 10

What standard applies to laws that are vague and/or overly broad?

Answer 10

Strict Scrutiny

Question 11

What standard applies to laws regulating symbolic speech?

Answer 11

The law must serve an important government interest that is unrelated to the suppression of the message, and the impact on the communication must not be greater than necessary to achieve this interest.

Question 12

Unconstitutional laws regarding symbolic speech

Answer 12

a. Laws prohibiting flag burning

b. Laws which place a cap on political expenses

c. Laws which prohibit anonymous speech

d. Laws which prohibit the burning of crosses (unless this is done to threaten)

Question 12

Constitutional laws regarding symbolic speech

Answer 12

a. Laws which prohibit the burning of draft cards

b. Laws which prohibit nude dancing

c. Laws which place limits on an individual’s political contributions

Question 13

Can the government enact laws that prohibit “fighting words”?

Answer 13

Yes

Question 13

What standard applies to laws prohibiting the incitement of illegal activity?

Answer 13

The government may prohibit speech if the speech is directed at causing imminent illegal activity and is likely to incite or produce such action

Question 14

What standard applies to laws prohibiting sexually oriented speech?

Answer 14

The government must show that the prohibited speech is patently offensive (judged by local community values) and that it lacks any redeeming artistic, literary, political, or scientific value (judged on a national standard).

Question 15

Unconstitutional laws prohibiting sexually oriented speech?

Answer 15

Prohibiting the private possession of pornographic or otherwise obscene materials

Question 15

Constitutional laws prohibiting sexually oriented speech?

Answer 15

a. Ban on child pornography

b. Prohibiting adult bookstores and novelty stores in certain areas (the government cannot completely ban these from the community, though)

Question 16

What are laws prohibiting profane speech?

Answer 16

Laws which prohibit profane, vulgar, or otherwise indecent speech.

Question 17

What standard applies to laws prohibiting profane speech?

Answer 17

Strict Scrutiny

Question 18

What are the exceptions to laws prohibiting profane speech?

Answer 18

a. Profanity broadcast over television or radio.
b. Profanity in public schools.

Question 18

What are laws regulating commercial speech?

Answer 18

Laws which place restrictions on speech made for commercial purposes.

Question 19

What standard applies to laws regulating commercial speech?

Answer 19

The state must have a substantial interest in regulating the speech, and the law must be narrowly tailored to achieving the state’s objectives.

Question 20

Constitutional Laws that regulate commercial speech

Answer 20

.

Question 21

Constitutional laws regulating commercial speech include those that:

Answer 21

a. Prohibiting false or otherwise deceptive advertisements.

b. Laws preventing professionals from advertising or practicing under a trade name.

c. Laws prohibiting attorneys from in-person solicitation for profit (applies only to attorneys).

Question 22

What standard applies to laws prohibiting the dissemination of private or sensitive information?

Answer 22

Standard: Strict Scrutiny

Question 23

Unconstitutional Laws prohibiting the Dissemination of Private or Sensitive Information

Answer 23

a. Laws which prohibit the dissemination of lawfully gained information from the government

b. Laws which prohibit the broadcasting of illegally intercepted calls involving a matter of public concern, unless the media played a role in the illegality.

Question 23

Constitutional Laws prohibiting the Dissemination of Private or Sensitive Information

Answer 23

Laws/Policies against the government disseminating internal information.
Exception: The government must disclose matters relating to criminal proceedings.

Question 23

What standard applies to laws regulating the speech of government employees?

Answer 23

Speech made “on the job” by a government employee is not protected.

Question 24

What defines public forums in the context of speech regulation?

Answer 24

Government properties which the Government is required to make available for speech.

Question 25

The Government cannot completely prohibit speech in public fora, and any regulation must be

Answer 25

subject matter neutral,
narrowly tailored to serve a

substantial government interest, and
leave adequate alternative places open for the impacted communications.

Question 25

Limited public forums are

Answer 25

Government properties are where the government could close to speech but chooses to keep it open.

Question 26

The standard for limited public forums dictates that the government cannot completely prohibit speech in these spaces. Any regulation must be

Answer 26

Subject matter neutral, narrowly tailored to serve a substantial government interest, and leave adequate alternative places open for the impacted communications.

Question 27

Public Forums examples

Answer 27

Sidewalks, parks, beaches, .

Question 28

Limited Public Forums examples

Answer 28

School facilities, libraries, city hall,

Question 29

Non-public forum examples

Answer 29

Military bases, areas outside of prisons and post offices, advertising space on city business, advertising space in school newspapers,

Question 29

The Government can regulate speech in non-public forums, so long as the regulations are

Answer 29

reasonably related to a legitimate government interest and viewpoint neutral.

Question 29

Non-public forums are government properties which the

Answer 29

Government constitutionally can and does close to speech.

Question 30

Private property refers to

Answer 30

real property owned by a private citizen or interest.

Question 31

The Constitution does not ____ protect an individual’s right to enter another’s property.

Answer 31

Not

Question 31

Private Property examples

Answer 31

Shopping malls, privately owned museums, houses,