Freedom of Speech Flashcards
What type of scrutiny is a regulation that restricts speech based on its content subject to?
Strict scrutiny
Content-based regulation is presumptively _______
unconstitutional
A regulation that restricts speech without reference to its content
content-neutral regulation
What type of scrutiny is content-neutral regulation subject to?
intermediate scrutiny
Content-neutral regulations must be (under intermediate scrutiny):
- Narrowly tailored to burden no more speech than necessary
- serve a significant (substantial) government interest
- While leaving open alternative channels of communication
Central Hudson test for commercial speech
Commercial speech that is not unlawful or misleading can be regulated if:
Government has a substantial interest
The regulation directly furthers the interest
And the regulation restrains speech only to the extent necessary to further the interest
content-based regulation
a regulation that restricts speech based on its content
What are the categories of speech?
- obscenity/child porn
- commercial
- incitement/advocacy of crime
- defamation
- symbolic/expressive conduct
- provocative speech
- campaign
- public/government
Speech with obscene content is unprotected if:
- The average person, apply contemporary community standards would find that the work as a whole appeals to the prurient interest
- Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law
- And whether the work, taken as a whole lacks serious literary, artistic, political, or scientific value
Test for regulation that restricts commercial speech
- not unlawful or misleading
- substantial government interest
- directly advance government interest
- not anymore restrictive than necessary to achieve interest
incitement/advocacy of a crime speech regulation test
- speech is intended to bring about imminent and lawless action
- likely to produce that action
(clear and present danger rule)
Public figures may not recover for defamatory statements relating to his official conduct unless:
the statement was false and made with actual malice (speaker knew it was false or had intent to harm)
Private figure may not recover for defamatory statement regarding:
matter of public concern
What is considered “public concern”?
relates to any matter of political, social, or community or is subject of legit news interest that is a subject of public concern
regulations on symbolic/expressive speech must be:
no greater than is essential to further a significant government interest
speech is symbolic/expressive when:
- intent is to convey a message
2. and it’s likely that the message will be understood by those who view it
fighting words doctrine
speech that is likely to make the person to whom it is addressed commit an act of violence is generally unprotected
Two general rules on campaign contributions and expenditures
The 1st amendment generally prohibits the federal government from regulating how much money a political candidate is permitted to spend, but generally permits the government to impose reasonable restrictions on the right to contribute to a political campaign
