Less Protected Speech Flashcards
Incitment of illegal activity
may punish speech if there is a substantial likelihood of imminent illegal activity and if the speec is direct to causing imminent illegality (e.g. inciting to beat someone up)
obscentiy and sexually oriented speech
test
1. mateiral must appeal to prurient interest
2. material must be patently offensive
taken as a whole, the material must lack serious redeeming artistic, literary, political or scientific value
errogenous zoning
gov may use zoning ordinances to regulate location of adult bookstores and movie theatre
child porn
may be completely banned even if not obscene, but must use CHILDREN in the scenes
may punish possession of kid porn
may seize assets of businesses convicted of violating obscentiy laws
profane and indecent speech
generally protected except
- over broadcast media (free tv and radio ; cable tv and internet are different)
- in schools
commerical speech
advertising for illegal activity and false and decptive ads are not protected
gov can prohibit : pofessionals fromadvertising under trade names, prhobits attrney in person ads,
OTHERWISE MUST MEET INTERMEDIATE SCRUTINY
test - must be narrowly tailored but it does not need to be least restrictive alternative
defamation and IIED
public figure - falsity of statement and actual malice
private figure and public concern - falsity of statemnte and ngelignece by D
private figure and not a matter of public concern - no need to show malice
IIED - defamation standards and acannot exist for speech otherwise protected for 1A
privacy
can’t create liability for truthful reporting for information lawfully obtained
no liability for broadcast of illegally intercepted call if the media did not participate in the illegality and involves matter of public importance
content base speech
restrictions based on the content of speech must meet strict scrutiny
