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Ad Hoc balancing a test in which courts begin with a "clean slate" in evaluating specific and localized issues and judge each case on its own merrits without preconceived notions of which side should prevail Bad tendency test a standard, no logner applied, for evaluating the potential danger of political speech. balancing tests standard most often applied today in evaluating the potential danger of political speech. Using the standard, weigh the difference of free speech vs gov't regulating harmful speech blackstonian doctrine a policy of not exercising prior restraint but isntead punishing the source of harmful speech after it occurs clear and present danger test a standard used during much of the 1900's for evaluating the potential danger of political speech. Motivates audience to conduct violent acts compiled speech forcing someone to participate, either directly or indirectly, in speech they object content neutrality the policy of evaluating speech without consideration of its content, paying mroe attention to time, place, and manner discriminatory licensing abuse of gov't discretion in the issuing of licensing for communication. Used in broadcasting licenses discriminatory taxation the application of tax policy based on content of the materials involved such as taxing pornographic literature at a higher rate than literature of a less controversial nature. equivalent function rule a collective term for state laws that require owners of shopping centers and other provately owned property to allow the same free speech opportunities offered by public places gag order a judges directive to participants in a legal proceeding not to discuss the case with outside parties, including media injunction legal action in which a court issues an order for the offending party to stop a specific activity limited public forum public place in which speech is customarily not allowed. prisons O'Brien test three-part statndard for evaluating laws dealing with displays of contempt for a the gov't or its policies overbreadth and vagueness adjectives used to describe laws that are too loosely structured or that use terms too difficult to define preferred position theory of balancing a test in which courts begin to evaluate a case with the assumption that rights protected by the Constitution take priority over other rights Pre-Publication agreement part of a employment contract that requires gov't employees to submit book manuscripts for approval and censorship prior restraint a formal term for censorship propaganda labeling the gov't attempt to identify speech critical of the country Punishment after the fact as opposed to prior restraint the policy of waiting until after speech occurs to determine potenital harm and decide appropriate punishment rational basis standard a rule that states that when the gov't attempts to restrict speech, it must have a "rational basis" for doing so. Burden is ont he gov't to determine why the speech should be restricted strict scrutiny the tendency of the courts to place a heavy burden on the gov't to prove why prior restraint or other action is necessary in a particular case time, place, manner an extension of content neutrality. Not content, but when, where and how traditional public forum public place is which political speech is expected and seldom regulated, such as a public park or the sidewalk outside of a gov't building