Public Forum/ Speech in Schools/ Public Employee Speech Flashcards

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1
Q

What is a public forum?

A

a place “time out of mind” reserved for speech

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2
Q

Ex of public forum?

A

sidewalks, the peoples park

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3
Q

Public forum Test

A

1) the regulation must be CONTENT- NEUTRAL
(that is a reasonable time, place, or manner regulation)

2) the regulation must be NARROWLY TAILORED
- but not necessarily the least restrictive way

3) to achieve an IMPORTANT GOVERNMENT INTERESTS
4) and leave open ample ALTERNATIVE channels for communication

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4
Q

Designated Public Forum

A

A place designated by the government for free speech

- Same test as PUBLIC FORUM

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5
Q

Limited Public Forum

A

a non- public forum that government opens for limited speech

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6
Q

Limited Public Forum

A

A non- public forum that the government opens for limited public speech

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7
Q

Limited Public Forum

A

The government regulation must be REASONABLE and VIEW POINT NEUTRAL

  • reasonable means almost anything
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8
Q

Ex of limited public forum

A

School opens up for certain topic (ex politics_

  • Can decline groups for not wanting to talk about politics but cannot discriminate against democrats and leave it open for republicans
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9
Q

Non Public Forum

A

a government site that is not open to free speech

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10
Q

Non Public Forum

A

The government may prohibit all free speech, but if it allows SOME speech, use same test as Limited Public Forum

  • or if it allows ALL speech, use same test as designated public forum
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11
Q

Examples of non public forum

A

prisons, military bases

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12
Q

Tinkler Test for school

A

Whether there is no finding and no showing that engaging in the forbidden conduct would MATERIALLY AND SUBSTANTIALLY INTERFERE with the requirements of appropriate discipline in the operation of the school, the prohibition cannot be sustained.

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13
Q

Bong hits for jesus speech in school

A

Anything that might disrupt the government interest (to not dirupt the class)

-

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14
Q

Overall law for speech in school

A

School authorities have a greater authority to suppress or discipline that is likely to disrupt the education in school

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15
Q

Speech rights for government employees Test

A

Whether the employee spoke as a citizen on a matter for public concern

  • If NO, then the employee has no 1st amendment action based on employers reaction to the speech
  • If YES, then possibility of a 1st amendment claim arises
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