Freedom of Speech and Assembly Flashcards

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1
Q

Under the free speech clause, can the government states its opinions?

A

yes

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2
Q

Can the government choose to fund certain research that favors its views while refusing to fund other research that does not?

A

yes

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3
Q

Can the government require that recipients of its funding make or not make certain statements?

A

no

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4
Q

Does government speech implicate the First Amendment?

A

no

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5
Q

Is a city’s placing a statue in a public park subject to the First Amendment?

A

no, because it is government speech.

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6
Q

On what basis may the government fund private speech?

A

in a viewpoint-neutral manner.

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7
Q

Content-neutral government regulations of private speech are analyzed under what standard?

A

intermediate scrutiny; i.e. they must advance important interests unrelated to the suppression of speech and must not burden substantially more speech than necessary.

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8
Q

How can conduct related to speech be regulated by the government?

A

by content-neutral time, place and manner restrictions.

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9
Q

If a regulation of speech or speech-related conduct punishes a substantial amount of protected speech in relation to its plainly legitimate sweep . . .

A

the regulation is facially invalid

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10
Q

Can a regulation give public officials charged with enforcing the law discretion in their regulation of speech?

A

no, there must be defined standards of regulation.

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11
Q

The freedom to speak includes the freedom . . .

A

not to speak.

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12
Q

When can the government regulate symbolic conduct undertaken to communicate an idea?

A

only when it has an important interest in the regulation independent of the speech aspects of the conduct and the incidental burden on speech is no greater than necessary.

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13
Q

Can the government tax people and use the funds to fund messages with which the taxpayers disagree?

A

yes

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14
Q

Can the government tax people and use the funds to fund private messages with which taxpayers disagree?

A

no

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15
Q

Public Forum

A

public property that has historically been open to speech-related activities.

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16
Q

Designated Public Forum

A

public property that has not historically been open to speech-related activities, but which the government has thrown open for such activities on a permanent or limited basis, by practice or policy.

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17
Q

The government can regulate speech in public and designated public forums with what?

A

reasonable time, place and manner restrictions.

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18
Q

To be a valid reasonable time, place and manner regulation, the regulation must be:

A

1) content neutral; 2) narrowly tailored to serve an important government interest; and 3) leave open alternative channels of communication.

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19
Q

Limited Public Forum

A

government property not historically linked with speech and assembly but opened for specific speech activity.

20
Q

Nonpublic Forum

A

government property not historically linked with speech and assembly and not held open for speech activities.

21
Q

The regulation of speech in a limited or non-public forum is valid if they are:

A

1) viewpoint neutral; and 2) reasonably related to a legitimate government purpose.

22
Q

Government regulations of the content of speech are analyzed under what standard?

A

strict scrutiny

23
Q

What are the categories of unprotected speech?

A

inciting imminent lawless conduct; fighting words; obscenity; defamation; and some commercial speech.

24
Q

Speech can be burdened if it creates a _____________________ danger of imminent lawless conduct that is likely to occur and which the speaker caused.

A

clear and present

25
Q

What kind of threats are not protected by the First Amendment?

A

true threats of violence

26
Q

Are annoying words capable of being regulated under the First Amendment?

A

no, merely annoying words are not sufficient.

27
Q

Fighting words statutes are almost always _____________.

A

invalid, because they are often too overbroad or vague.

28
Q

When is speech considered obscene?

A

speech is obscene if it desribes or depicts sexual conduct that, taken as a whole, by the average person: 1) appeals to the prurient interest in sex, using a community standard; 2) is patently offensive and an affront to contemporary community standards; and 3) lacks serious value, using a national standard.

29
Q

Can the government hold materials sold to minors to a different standard for determining obscenity than it does for adults?

A

yes

30
Q

Can the government ban adult stores altogether using zoning ordinances?

A

No, but they can regulate where such stores are located in order to reduce crime and the secondary effects of such stores.

31
Q

When will a state law regulating the sale of alcohol be invalid under the First Amendment?

A

where it is irrational

32
Q

Can you be punished for possessing pornography in public?

A

yes. You are allowed to own pornography in your own home (with the exception of child pornography) but this protection does not extend outside one’s home.

33
Q

What must a public official or public figure show in order to be successful in a suit for defamation?

A

the plaintiff must show all elements of defamation plus knowledge of falsity and fault.

34
Q

What kind of commercial speech can be burdened?

A

commercial speech that proposes unlawful activity, is fraudulent or unlawful.

35
Q

When will regulations of commercial speech be upheld if the speech does not propose unlawful activity, is fraudulent or unlawful?

A

any regulation of commercial speech will be upheld if: 1) it serves a substantial government interest; 2) it directly advances that interest; and 3) is narrowly tailored to serve that interest.

36
Q

What does “narrowly tailored” mean in the context of the First Amendment?

A

there must be a reasonable fit between the goal and the means chosen.

37
Q

Can the government require commercial advertisers to make certain disclosures regarding the products?

A

yes, if the disclosures are not unduly burdensome and they are reasonably related to the state’s interest in preventing deception.

38
Q

What must the government prove in order to show a prior restraint is valid?

A

in a valid system of prior restraint, the 1) standards must be narrowly drawn, reasonable, and definite; 2) the injunction must be promptly sought; and 3) there must be prompt and final determination of the validity of the restraint.

39
Q

In obscenity cases, how can the government get ahold of obscene material for investigatory purposes?

A

1) the government can seize a single book or video with a warrant; or 2) a police officer may purchase a book or film to use as evidence without a warrant.

40
Q

Can the government establish censorship boards?

A

yes, but only if the procedural safeguards for prior restraints are present.

41
Q

When will journalists not be allowed to view courtroom proceedings?

A

where the trial judge makes a determination that in order to preserve a higher quality of trial, the press must not be allowed to view the trial or other pretrial hearings.

42
Q

Can the press be required to testify before a grand jury?

A

yes

43
Q

Can the government prevent newspaper companies from owning radio stations and indecent speech from being broadcast over the airwaves?

A

yes

44
Q

Under the fairness doctrine, broadcasters can be required to give airtime to whom?

A

someone who has been a victim of a political attack. This is not always required.

45
Q

Regulations of newspapers are analyzed under what standard?

A

strict scrutiny

46
Q

Regulation of the internet is analyzed under what standard?

A

strict scrutiny