Lesson 8: Freedom of Press, Speech and Association

Question 1

Freedom of Speech and Press

Answer 1

The First Amendment to the Constitution prohibits Congress from making any law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Question 2

Overbreadth

Answer 2

An overbroad law is one which, in effect, regulates a substantial amount of constitutionally protected expression or association, even though its primary aim is to regulate speech or conduct that is not constitutionally protected.

Question 3

Vagueness

Answer 3

A regulation is void for vagueness if it fails to give notice to a reasonable person of common intelligence of what type of speech/conduct is specifically prohibited.

Question 4

Brandenburg Test–Advocacy of Illegal Action

Answer 4

A state may not penalize advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

Question 5

Time, Place, and Manner Regulations

Answer 5

In order for a “time, place, and manner” regulation to be valid, it must meet the following four criteria:

1) The regulation must be content-neutral
2) The regulation must further a significant government interest
3) The regulation must be narrowly tailored
4) Alternative forums must be available for the protected expression

Question 6

Rule of New York Times v. Sullivan

Answer 6

Freedom of speech and press bars a civil libel judgment for criticism of “public officials” (and public figures), unless the plaintiff shows “malice” by clear and convincing evidence.