Symbolic/Communicative Speech Flashcards
1
Q
Steps
A
- Is there a 1A issue?
- Content Based/Neutral
- What’s the standard & Do it
2
Q
in determining if 1A issue for symbolic/communicative speech
A
Use Spence Test
1) intent to communicate something specific and
2) audience likley to understand what that message is
3
Q
in symbolic/communicative speech
if content based
A
use normal content based standards or default
4
Q
in symbolic/communicative speech
if content neutral
A
1) content within constitutional power of gov
2) regulation furthers important substantial gov interest
3) restriction no greater than is essential