Misc. Things to Remember Flashcards
1
Q
“Compelling Government Interest”
A
A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion.
2
Q
In Cohen how did the court determines content-based v. content neutral?
A
Cohen’s conviction is based entirely on the offensiveness of his speech, rather than any form of conduct.
3
Q
If a speech regulation or prohibition is overbroad…
A
invalidates the entire statute.
4
Q
In a public school forum we want to look for…
A
a disruption
5
Q
Facially neutral EP rule
A
Discriminatory purpose and effect. Feeney.
