VII, 1st Amendment

Question 1

1st A
A, freedom of speech
10, general speech restrictions (col 3A)

Answer 1

Restrictions on __protected__ speech that are generally applicable (i.e., not limited to public property, public schools, or public employees).
General Free Speech Tests
Content-based: SS
Content-neutral: IS
Often channels speech on basis of time, place, or manner.
IS: important interest, narrowly tailored (no substantial over breadth), burden on state, usually valid
SS: compelling interest, narrowly tailored (least restrictive), burden on state, usually invalid

examples:
1, ban on flag burning: CB; N
2, ban burn during dry summer: CN; V
3, ban on noisy neighborhood party: CN; V
***CB: gov can cap the campaign contributions;
but cant cap the campaign expenditures

Question 2

1st A
A, freedom of speech
11, Speech Restrictions on Government Property (column 3B)

Answer 2

a, types of gov property

1, traditional public forum
Open to public as free speech zone “from time immemorial”;
Parks, streets, sidewalks;
Cannot be undesignated as public forum

2, designated public forum
Opened by policy or purposeful practice as free speech zone;
College kiosks, college email systems;
Can be undesignated as public forum;

3, non-public forum (or limited public forum)
Not opened by tradition or designation as free speech zone
Classes, post offices, DMVs, airports
Catch-all category

b, levels of scrutiny
type CB CN
public forums SS IS
nonpublic forums reasonable given nature of forum
(but SS if viewpoint-based)

c, examples:
1. Ban on overnight sleeping in parks.
P; CN; V
2. Ban on political signs in courtroom.
NP; CB; V (reasonable)
***3. Ban on anti- government protests inside congressional viewing gallery.
NP; VB; N (SS)

Question 3

1st A
A, freedom of speech
15, Vagueness, Overbreadth, Prior Restraints

Answer 3

a.Vagueness
Vagueness Test
Law is void for vagueness if __person of common intellegence cannot tell what speech is prohibited and what is permitted.

b. Overbreadth
Overbreadth Test
Law is invalid as overbroad if it prohibits a __substantial__ amount of speech that the government may not suppress. (if not substantial, can be enforced but only against persons engaging in activities that are not constitutionally protected)
1) Example: ban on all “First Amendment activities” at LAX.
2) 3rd party standing is allowed (plaintiff whose speech may be censored raises non- commercial speech claim on behalf of others whose speech may not be censored).

c. Prior Restraints
1) Definition: licensing schemes (e.g., permits) or injunctions that prevents speech ___before___ it occurs, rather than punishing speech afterwards.
2) Disfavored: historically, prior restraints have been greatly disfavored. No special tests, but harder for government to win.
a) Content-based prior restraints = very strict scrutiny.
b) Licensing systems must have sufficiently definite standards to cabin discretion, as well as prompt judicial review of denials.