Freedom of Speech

Question 1

Overbreadth

Answer 1

A law that burdens a substantial amount of speech or other conduct constitutionally protected by the 1st amendment is overbroad and therefore void. “Facially invalid”

Question 2

Vaugeness

Answer 2

Statute is void for vagueness if it fails to provide a person of ordinary intelligence with fair notice of what is prohibited

Question 3

Freedom not to speak

Answer 3

Valid i.e. kids right not to recite pledge of allegiance.

Question 4

Monuments on Public Property

Answer 4

Government Speech even if donated by private person

Question 5

Specialty License plates

Answer 5

Government speech and state may refuse proposed plates based on content.

Question 6

Political Campaign Contributions

Answer 6

Statutes limiting campaign contributions are subject to intermediate scrutiny and must be closely drawn.

Question 7

Contributions to Candidates

Answer 7

Gov may limit contributions to individual candidates b/c excessive contribution may lead to corruption.

Question 8

Contributions to Political Parties

Answer 8

Gove can limit

Question 9

Campaign Expenditures

Answer 9

Restrictions on campaign expenditures are subject to SS.

Question 10

Public Forum

Answer 10

Sidewalks, streets, and parks. Restrictions must be:

1) Content-Neutral on subject and viewpoint
2) Narrowly tailored to serve a significant governmental interest
3) Leave open ample alternative channels for communication

Question 11

Injunctions

Answer 11

Content Based = SS

Content Neutral = test is whether it burdens no more speech than is necessary to achieve an important gov interest.

Question 12

Limited Public Forums and Nonpublic Forums

Answer 12

Not historically linked with speech, but opened for specific speech activity (i.e. school gym). Regulations are valid if they are:

1) Viewpoint neutral
2) Reasonably related to a legitimate gov interest

nonpublic forum = airport or military base.

Question 13

Person’s private Property

Answer 13

Gov regulation will rarely be upheld, even in content-based restrictions.

Question 14

Obscenity & Child Porn

Answer 14

Neither are protected by 1st Amendment

Question 15

Obscenity Test

Answer 15

1) Appeals to the prurient interest
2) Depicts sexual conduct in a patently offensive way
3) Lacks serious literary, artistic, political, or scientific value

Question 16

Prohibited Activities with Obscene Material

Answer 16

Cant sell, distribute, or exhibit obscene material. you CAN have it in your own home due to fundamental right to privacy.

Question 17

Obscenity and Land Use

Answer 17

can zone to restrict locations of certain adult establishments but you can’t do it to ban them completely.

Question 18

Child porn

Answer 18

Sale, Distribution, and even private possession of child porn is prohibited, even if the material would not be obscene if it involved adults.

Question 19

Simulated Child Porn

Answer 19

Using young looking adults to depict kids may not be banned as child porn. If kids are used in it, and then young looking adults are used for the sex scenes, you can be criminalized if it’s presented as actual child porn.

Question 20

Violence

Answer 20

Can be constitutionally regulated even if its not considered obscene.

Question 21

Incitement to Violence

Answer 21

State may orbit speech that advocates the use of force or unlawful action if:

1) the speech is directed to inciting or producing imminent lawless action and
2) It is likely to incite or product such action

Question 22

Fighting Words

Answer 22

Words by their very nature are likely to incite an immediate breach of peace