Conlaw Rules 12

  1. Classes of unprotected speech
    • Defamation
    • obscenity (appeals to prurient interest, sexual in patently offensive way, lacking serious artistic or scientific value)
    • that creating clear and present danger
    • fighting words (usually are vague or overbroad)
    • false or deceptive advertising
  2. Content-based regulation
    Subject to strict scrutiny (necessary to achieve compelling interest and narrowly tailored toward that interest)
  3. Regulation of expressive conduct
    Upheld if:

    • regulation is within government's power to act
    • furthers important government interest
    • government interest is unrelated to suppression of ideas
    • burden on speech is no greater than necessary
  4. Limitations on regulation
    • Overbreadth (facially invalid; has chilling effect)
    • Vagueness (no clear notice of what specific speech is prohibited)
    • Prior restraints (allowed to prevent particular harm and certain procedural safeguards are provided to the speaker)
    • Unfettered discretion (lack of defined standards as to how to apply the law)
  5. Regulation of time, place, and manner of expression
    Public forums - regulation must:

    • be content neutral as to subject matter and viewpoint
    • be narrowly tailored to serve significant government interest
    • leave open alternate channels of communication to disseminate the message

    Nonpublic forums - must be

    • viewpoint neutral
    • reasonably related to a legitimate government interest
  6. Regulations on the media
    Right to publish info on matters of public concern, subject to strict scrutiny test.

    Content-based regulations of cable broadcasts are subject to strict scrutiny.

    Regulation of the internet subject to strict scrutiny.
  7. Regulation of association
    Violation of right to freedom of association may be justified by compelling fovernment interest)

    Individual may be deprived of public employment based on political association if:

    • is active member of subversive organization
    • knows of the organization's illegal activity
    • has a specific intent to further those illegal objectives
Card Set
Conlaw Rules 12
Freedom of Expression