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Terms in this set (28)

Freedoms of speech, press, assembly, and association.

The First Amendment protects an individual's right to free speech and is applicable to the states through the Fourteenth Amendment.

Any statute regulating speech or association must contain narrow and definite standards
- Overbreadth: if statute prohibits not only unprotected but also some protected speech as well
- Vagueness: if reasonable person would have to guess at its meaning
- For permit/licensing regulations, unconstitutional if it leaves unfettered discretion to the decisionmaker by not setting forth narrow and specific grounds for denial or where permit mechanism is not closely tailored to the regulation's objective.

Content-based regulations are those that forbid the communicative impact of the expression.
- Strict scrutiny applies to these restrictions.
- For unprotected categories of speech (e.g. obscenity, defamation, fighting words), the requirement is that the government regulate it in a content-neutral way

Obscenity: Speech that, taken as a whole, by the average person, appeals to prurient interest in sex under a community standard, describes or depicts sexual conduct in a way patently offensive, lacks series Literary, Artistic, Political, or Scientific value under a national reasonable persons tandard.

Misrepresentation and defamation
Advocacy of unlawful conduct: "clear and present danger" test. (1) advocacy is intended to produce or incite imminent illegal action, and (2) the advocacy is likely to produce or incite such action.
Fighting words: likely to cause listener to commit an act of violence. Causing another to be angry alone is insufficient.

Content-neutral regulations are those where the regulation is aimed at someone other than the communicative impact of the expression. Allowable where:
- Serve a significant/important government interest,
- Are narrowly tailored to serve that interest, and
- Leave up alternative channels of communication


Prior restraints: Prevents speech from being heard before it even occurs. Heavy presumptions of invalidity. Valid where the mere existence of the communication is proven to create some special harm to society. Must be narrowly drawn standards and a final determination of the validity of the restraint.
- Collateral bar rule: Cannot violate prior restraint and then defend oneself by asserting that it was unconstitutional.

Commercial Speech: Speech whose primary goal is a commercial transaction is subject to greater regulation, must survive intermediate scrutiny. Commercial speech that is misleading or deceptive is not entitled to any protection at all.

Time, place, and manner regulations.
Public speech restrictions in public and designated public forums (forums opened up to the public at large for a specific purpose) must:
(1) must be neutral as to the content of the speech, both on its face and as applied ("content-neutral")
(2) must further a significant government interest not capable of accomplishment by less restrictive means;
(3) be narrowly tailored to server that interest, and
(3) must allow for adequate alternative channels for communicating the information

Public speech restrictions in limited public forums (forums opened up for limited use by certain groups or discussion of certain subjects) and nonpublic forums closed to the public must:
(1) be viewpoint neutral (not subject matter neutral like public/designated)
(2) serve a legitimate government interest, and
(3) be reasonably related to serve that interest.

Freedom of Association: Government can prevent freedom of association if there is a compelling governmental interest that cannot be achieved by less restrictive means (narrowly tailored).
- Government cannot deny privilege or benefit based on mere membership in a group, but may do so if individual has shown intent to further the goals of an org. dedicated to overthrow of the government by force or violence.

Freedom of Press:
If a newspaper lawfully obtains information about a matter of public significance then state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.