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CON-LAW > Speech > Flashcards

Speech Flashcards

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1
Q

What does the Free Speech Clause restrict?

A

Government regulation of private speech.

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2
Q

True or False: Gov. is free to voice its opinions and fund private speech that furthers its views.

A

True

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3
Q

Is Government speech regulated by the First Amendment?

A

No

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4
Q

True or False: Government Speech and Government funding of speech will be upheld if government can prove that it has a compelling interest.

A

False: Upheld if rationally related to a legitimate state interest.

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5
Q

Can government impose condition that limit first amendment activities of fund receipients outside of the program?

A

No

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6
Q

What is the placement of a public monument?

A

Government Speech and is not subject to scrutiny.

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7
Q

What is the rule if the Government decides to fund a private message?

A

It must do so on a view point neutral basis

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8
Q

How can government decide which artist to fund?

A

On the basis of the content of the art because it cant fund all.

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9
Q

What is trade mark protection - private or public speech?

A

Private Speech

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10
Q

What is the level of scrutiny for content-neutral speech regulation?

A

Intermediate Scrutiny (+) must not burden substantially more speech that is necessary (narrowly tailored)

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11
Q

How can conduct related to speech be regulated?

A

Content-neutral time, place, and manner restrictions.

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12
Q

What are three grounds under which speech can be challanged?

A

1) Overbroad
2) Vague
3) Gives official unfettered discretion

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13
Q

When is a restriction on speech overbroad?

A

It is invalid if it punishes a substantial amount of protected speech - the regulation is facially invalid.

Court can reform it to make it constitutional.

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14
Q

When is a restriction on speech vague?

A

When the restriction fails to give persons personal notice of what is prohibited. It is also a violation of the Due Process Clause.

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15
Q

When is a restriction on speech found to give official unfettered discretion?

A

When a regulation does not have defined standards and gives officials unbridled discretion - it is void on its face.

If there are no standards, need not apply for a permit.
If there are standards, apply for a permit and if denied challenge under 1st Amendment.

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16
Q

Can the government tax people and use revenue to express a message the tax payer disagrees with?

A

Yes

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17
Q

Can people be compelled to subsidize private message that they disagree with ?

A

No

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18
Q

Can government charge university activity fee?

A

Yes

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19
Q

What are public forums?

A

Property that has historically been open to speech related activities (streets, sidewalk, public parks, Internet)

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20
Q

What are designated public forums?

A

Property that has not been historically held open for speech related activities but which the government has thrown open for activities on a permanent or limited bases (school rooms open for after school social or civil group)

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21
Q

What are non public forums?

A

Government property not historically linked with speech and not held open for such activities (military base, schools while in session, government offices)

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22
Q

What are limited public forums?

A

Government property not linked to speech but open for specific activities such as a school gym used for pubic debate

23
Q

True or False: Even if a regulation meets the time, place, manner restriction, it can be struck down for being overbroad or vague.

A

True

24
Q

What is required to get an injunction for content based regulation in public forum?

A

It must be necessary to achieve a compelling interest.

25
Q

What is required to get an injunction for content neutral regulation in public forum?

A

It must burden no more speech than necessary to achieve an important government interest.

26
Q

What is the test to regulate speech in a limited public forum?

A

1) Viewpoint neutral

2) Reasonably related to a legitimate government purpose

27
Q

What is the test to regulate speech in a non public forum?

A

Same as limited public forum

28
Q

What is the test to regulate speech in a non public forum?

A

Same as limited public forum

29
Q

Are words inciting imminent lawless action protected?

A

No - have to show that imminent illegal conduct is likely and speaker intended to cause it.

30
Q

Are fighting words protected?

A

True threats are not protected - includes abusive language that incites physical retaliation in the average person.

31
Q

What is the issue with statutes that try to punish fighting words?

A

Usually overbroad or vague

32
Q

What is the issue with statutes that try to punish fighting words?

A

Usually overbroad or vague

33
Q

Is obscenity protected speech?

A

No

34
Q

What is the test for obscentiy?

A

1) Appeals to the prurient interst in sex (community standards)
2) Patently offensive and an affront to contemp community standards
3) Lacks serious value using national reasonable person standard (art/sci/pol/lit)

35
Q

Can government regulation child speech?

A

Yes but can’t as a result infringe on adult rights

36
Q

Can government block material used to depict minors but that only using young looking adults or computer images?

A

No

37
Q

How can land use regulation speech lawfully?

A

It can limit the size and location of certain business if designed to reduce secondary effects of such business but cannot ban them outright.

38
Q

Does the government have broad rights to regulate liquor?

A

Yes - generally not barred by 1st amendment

39
Q

Can possession of Obscene material at home be punished?

A

No - except for child pornography.

40
Q

When is commercial speech afforded first amendment protection?

A

If it is truthful.

41
Q

When can commercial speech be burdened?

A

When it proposes unlawful activity or that is misleading or fraudulent in nature.

42
Q

When will regulation of general commercial speech be upheld?

A

1) Serves substantial government interest
2) Directly advances the interest and
3) Narrowly tailored to serve the interest - this only requires a reasonable connection between the goal and restriction (not the least restrictive way)

43
Q

Are complete bans on commercial speech valid?

A

No

44
Q

Can the government require commercial advertisers to make disclosures?

A

Yes

45
Q

Are prior restraints on speech allowed?

A

Generally not unless the government can show special societal harms

46
Q

Is prohibiting publishing troop movement in times of a war a valid prior restraint?

A

Yes

47
Q

If prohibiting publication of pentagon papers because it might effect a way valid?

A

No

48
Q

What is the test for a valid prior restraint?

A

1) Standards must be narrowly drawn, reasonable, and definite
2) Injunction must be sought properly
3) Must be prompt and final determination about the validity of the restraint.

Government has the burden.

49
Q

True or False: Government employer can punish a public employee’s speech whenever the speech is made on the job and pursuant to employees official duties.

A

True

50
Q

If government employee’s speech does not involve a public concern, what does the government give employer?

A

Great deference and allows the employer to punish employee if it is disruptive to the work environment.

51
Q

If government employee’s speech does involve public concern, what is the standard?

A

Courts balance the employee’s right as a citizen against the government interest as an employer in efficient performance of public service.

52
Q

Can the feds prohibit federal exec branch employees from participating political campaigns?

A

Yes

53
Q

What has been the ruling on bans from making speeches or writing articles?

A

Held to violate first amendment.

54
Q

Can government require employees to take loyalty oaths?

A

Yes as long as not vague or overbroad

CON-LAW (5 decks)

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