Lesser Protected Speech

Question 1

fighting words

Answer 1

NOT protected
fighting words = words which by their very utterance:
1. inflict injury, OR
2. tend to incite an immediate breach of the peace

Question 2

incitement of imminent lawless action

Answer 2

NOT protected
may be outlawed if the speech:
1. advocates the use of force or illegality,
2. directed to inciting/producing imminent lawless action (intent), AND
3. likely to incite/produce such action (there is a clear and present danger that a listener will act)

Question 3

obscenity

Answer 3

NOT protected
material is obscene when it:
1. appeals to prurient interest (sexual interest) of an average person under today’s community standards,
2. is patently offensive, AND
3. lacks any serious artistic, literary, or scientific value

Question 4

private possession of obscene materials

Answer 4

mere private possession of obscene materials by an adult inside the home CANNOT be made criminal
- Exception: child pornography

Question 5

commercial speech

Answer 5

given fewer protection
govt MAY regulate truthful, non-misleading commercial speech if the regualtion:
1. directly advances,
2. a substantially governmental interest, AND
3. is no more extensive than necessary (reasonably tailored) to serve that interest

Question 6

false advertising

Answer 6

false/misleading commercial speech is NOT protected