Freedom of Speech and Assembly Flashcards
Under the free speech clause, can the government states its opinions?
yes
Can the government choose to fund certain research that favors its views while refusing to fund other research that does not?
yes
Can the government require that recipients of its funding make or not make certain statements?
no
Does government speech implicate the First Amendment?
no
Is a city’s placing a statue in a public park subject to the First Amendment?
no, because it is government speech.
On what basis may the government fund private speech?
in a viewpoint-neutral manner.
Content-neutral government regulations of private speech are analyzed under what standard?
intermediate scrutiny; i.e. they must advance important interests unrelated to the suppression of speech and must not burden substantially more speech than necessary.
How can conduct related to speech be regulated by the government?
by content-neutral time, place and manner restrictions.
If a regulation of speech or speech-related conduct punishes a substantial amount of protected speech in relation to its plainly legitimate sweep . . .
the regulation is facially invalid
Can a regulation give public officials charged with enforcing the law discretion in their regulation of speech?
no, there must be defined standards of regulation.
The freedom to speak includes the freedom . . .
not to speak.
When can the government regulate symbolic conduct undertaken to communicate an idea?
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.
Can the government tax people and use the funds to fund messages with which the taxpayers disagree?
yes
Can the government tax people and use the funds to fund private messages with which taxpayers disagree?
no
Public Forum
public property that has historically been open to speech-related activities.
Designated Public Forum
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.
The government can regulate speech in public and designated public forums with what?
reasonable time, place and manner restrictions.
To be a valid reasonable time, place and manner regulation, the regulation must be:
1) content neutral; 2) narrowly tailored to serve an important government interest; and 3) leave open alternative channels of communication.