Freedom of Speech

Question 1

What type of scrutiny is a regulation that restricts speech based on its content subject to?

Answer 1

Strict scrutiny

Question 2

Content-based regulation is presumptively _______

Answer 2

unconstitutional

Question 3

A regulation that restricts speech without reference to its content

Answer 3

content-neutral regulation

Question 4

What type of scrutiny is content-neutral regulation subject to?

Answer 4

intermediate scrutiny

Question 5

Content-neutral regulations must be (under intermediate scrutiny):

Answer 5

1. Narrowly tailored to burden no more speech than necessary
2. serve a significant (substantial) government interest
3. While leaving open alternative channels of communication

Question 6

Central Hudson test for commercial speech

Answer 6

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

Question 7

content-based regulation

Answer 7

a regulation that restricts speech based on its content

Question 8

What are the categories of speech?

Answer 8

1. obscenity/child porn
2. commercial
3. incitement/advocacy of crime
4. defamation
5. symbolic/expressive conduct
6. provocative speech
7. campaign
8. public/government

Question 9

Speech with obscene content is unprotected if:

Answer 9

1. The average person, apply contemporary community standards would find that the work as a whole appeals to the prurient interest
2. Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. And whether the work, taken as a whole lacks serious literary, artistic, political, or scientific value

Question 10

Test for regulation that restricts commercial speech

Answer 10

1. not unlawful or misleading
2. substantial government interest
3. directly advance government interest
4. not anymore restrictive than necessary to achieve interest

Question 11

incitement/advocacy of a crime speech regulation test

Answer 11

1. speech is intended to bring about imminent and lawless action
2. likely to produce that action
   (clear and present danger rule)

Question 12

Public figures may not recover for defamatory statements relating to his official conduct unless:

Answer 12

the statement was false and made with actual malice (speaker knew it was false or had intent to harm)

Question 13

Private figure may not recover for defamatory statement regarding:

Answer 13

matter of public concern

Question 14

What is considered “public concern”?

Answer 14

relates to any matter of political, social, or community or is subject of legit news interest that is a subject of public concern

Question 15

regulations on symbolic/expressive speech must be:

Answer 15

no greater than is essential to further a significant government interest

Question 16

speech is symbolic/expressive when:

Answer 16

1. intent is to convey a message

2. and it’s likely that the message will be understood by those who view it

Question 17

fighting words doctrine

Answer 17

speech that is likely to make the person to whom it is addressed commit an act of violence is generally unprotected

Question 18

Two general rules on campaign contributions and expenditures

Answer 18

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