Unprotected and Less Protected Speech Flashcards
Unprotected/Less Protected Speech
Incitement of Illegal Conduct, Fighting Words, True Threat, Obscenity and Sexually Oriented Speech, Child Pornography, Zoning, Fraud, Commercial Speech
Incitement of Illegal Conduct
For speech to be punished it must be: likely and imminent and intended by speaker .
Fighting Words
Abusive words, directed personally at hearer, likely to produce immediate and physically violate reactions in the average person.
True Threat
Statement that a reasonable person under the circumstances would interpret as defendant’s serious declaration of intent to murder or inflict bodily harm.
IRRELEVANT FACTORS: threat was made directly to target, made with knowledge that it would be communicated to target; threat was made in private or public conversation.
Obscenity and Sexually Oriented Speech
Material taken as a whole must describe or depict sexual conduct, that an average person would believe:
appeals to pruirent interest in sex (community standard); is patently offensive (community standard) AND lacks serious literary, artistic, political or scientific nature using national reasonable person standard.
Prurient interest = does it make you hot
Patently offensive = objectively offensive
The standards change if it is a minor/adult.
Child Pornography
Production, distribution, sale or possession of material depicting actual minor engaging in sexual acitivites.
Advertising can be penalized even if using virtual children = PANDERING DOCTRINE
Zoning Regulations
Location of adult bookstores and theaters may be regulated.
May limit location as long as ordinence is designed to promote important government interests (eliminates secondary effects of such business, lowering property values, increase traffic)
Fraud
Government cannot ban false statement of fact, if sole reason is to promote truthful disclosures.
