Unprotected Speech

Question 1

Speech that’s unprotected

Answer 1

1. False or misleading commercial speech or commercial speech related to unlawful activity
2. Incitement ( advocating unlawful conduct)
3. Fighting words
4. Obscenity
5. Child porn

Question 2

Incitement (advocating unlawful conduct)

Answer 2

1. Speech advocating for imminent lawless action, AND

2. Speech that is likely to produce or incite imminent lawless action

Question 3

Fighting words - defined

Answer 3

Words which by their very utterance inflict injury or tend to incite an immediate breach of peace, words delivered in a manner and under circumstances likely to cause an immediate and serious harm-typically, a violent reaction stemming from a face-to-face confrontation.

Question 4

Fighting words - True Threat

Answer 4

Statements meant to communicate an intent to place an individual or group in fear of bodily harm

Question 5

Obscenity - Rule

Answer 5

A description or depiction of sexual conduct that taken as a whole, by the average person, applying contemporary community standards

(1) appeals to the prurient interest in sex;
(2) portrays sex in a patently offensive way; and
(3) does not have serious literary, artistic, political, or scientific value

Question 6

Child porn definition

Answer 6

minors engaged in some types of lewd, explicit sexual activities

Question 7

Child porn standard of review

Answer 7

Secondary effects. Intermediate Scrutiny