Content-Based and Content Neutral Pt 1
Content-Based regulations get ___ scrutiny
Strict
What rule do we use if the regulation regulates speech on a non-public forum?
Rational Basis:
1. Reasonable
2. No viewpoint discrimination
Statute: āAll unconstitutional speech is not allowed at the airport.ā Is this statute constitutional?
No. Vagueness. (Jews for Jesus)
Who interprets the meaning of an organizationās message?
The organization (Dale)
Do corporations have free speech rights?
Yes (Citizens United)
How do we determine if there is expressive content?
1) is there an intent to convey a message by speaker
2) Is a reasonable viewer likely to understand the message
Bonus: Spence
Is a library a public forum, limited public forum, or designated public forum?
A: it depends!
What are the three times we can use prior restraint?
1. Obscenity
2. Incitement
3. Loose lips
Bonus: Secret fourth and fifth: Contracts and permits
What is the rule for determining if speech addresses a matter of public concern?
1. Content
2. Context
3. Forum
Define hard money and soft money
Hard money ā campaign contributions and money spent in coordination with the campaign
Soft money ā electioneering. Not coordinated with campaign
The city of Coruscant has had a recent wave of Sith politicians go door-to-door to promote the Sith political party. To combat this, the Coruscant legislature passes a law banning all door-to-door solicitation, which effects both the Sith and Jedi parties, though the Sith party is more effected.
Is the law constitutional?
No, canāt ban all solicitation (Struthers; Cf Gilleo ābans too much speechā)
Bonus: Could ban all solicitation towards people who indicate that they want no solicitation
The state of Elleshu has license plates that say the controversial word āUnion.ā Patrick OāSeanson believes this conflicts with his values, so he demands a new license plate, preferably with a Confederate battle flag from the Civil War to celebrate his Irish heritage (Iām talking about the English Civil War). What happens?
Patrick can get a blank license plate, but the state can refuse to give him the Confederate flag one (Walker). License plates are not public forums but government speech, but also people canāt be forced to promote the governmentās message.
Can you argue a statute is overbroad in an as-applied challenge?
Facial challenge: Can challenge on vagueness and overbroad
As applied: Can challenge on vagueness, but NOT overbroad
BL, a miner in mining school posts on InstaSnap that he hates Steve, his 17 y/o twin brother, because Steve stole his crafting table. He was at home when he made the post. Steve showed the post to the coach of the quidditch team. Could he be kicked off the team?
No (BL, a minor)
What scrutiny do campaign disclosure requirements get?
Intermediate
The city of Coruscant requires all door-to-door solicitors to acquire a permit. The permits are issued based on objective guidelines. Is the regulation permissible?
No. Cannot require permits for door-to-door solicitation (Stratton)
The city of Naboo wants to combat littering. To accomplish this, Senator Amidala passes two statues: (1) One banning all public distributions of leaflets and (2) one banning all posters on public utility polls. Are either of these statutes constitutional?
Only number two.
(1) Schneider ā cannot ban all leaflets. There were alternatives: prosecute littering
(2) Taxpayers for Vincent ā Proper TPM. Can ban posting signs on government utility polls. These are not a public forum.
Bonus: the difference between these cases is that (2) is itself littering, while (1) might not necessarily cause littering
The beloved Galactic Empire is constructing a massive renovation and demolition machine affectionately called āThe Death Starā ($1000 in Lego form). A military-aged male named Luke Skywalker wants to post a video where he says that if the Galactic Empire passes more laws restricting alien rights, he will do āsomething violentā against the Death Star. The Galactic Empire wants to prevent him from posting this video. Result?
Luke can post the video. This is a prior restraint. It does not meet any exception (not incitement because the threat is not imminent)
Which conditions are valid:
The Separatist Alliance wants to subsidize the creation of private droid armies to combat space piracy. The subsidy conditions are that:
1. the money cannot be used to advocate for the creation of clone army
2. the companies receiving money must make public statements against clone armies
3. the droid armies created by the subsidy cannot publicly support any clone armies
1. Yes (valid condition for subsidy)
2. No (compelled speech)
3. Yes (Rust)
Is a law that caps all campaign donations in an election year to 1 trillion gazillion constitutional?
No, you can only limit donations to a particular candidate. Not all donations.
The US government wants to ban defacing draft cards because it doesn't like the message the hippies are sending by burning them. What level of scrutiny applies?
Exacting (Eitchman). The government is trying to regulate the expression here (unlike the real draft card case)
The city of Naboo bans all political advertisements on all AT-TE buses and at the Fort Nute Gunray Military Base. Is that constitutional?
Yes
Buses are limited public forums (Leham) so use rational basis
Military bases are not public forums, so needs to be viewpoint neutral (Greer v. Spock)
On Alderaan, Princess Leia is protesting the creation of the Death Star. She decides to protest on the sidewalk nearest the Supreme Court of Alderaan. The local judge, Grand Moff Tarkin, enjoins her to stop protesting at the sidewalk. Leia protests anyway, so she is found in contempt. Result?
Collateral bar ruleāAn injunction must be obeyed until lifted. Unconstitutionality is no defense to contempt conviction. (Walker)
If the employer believes speech was a matter of private concern, when will that employer NOT be liable for firing them
Reasonably believes - (Waters OāConnor plurality)
Subjectively believes - (Waters Scalia concurrence)
Absolute liability - (Waters Stevens Dissent)
The Trade Federation, LLC makes 100 trillion credits in revenue every 4.5 seconds. It wants to spend 50 trillion each on two candidates: Palpatine and Maul. The law limits donations to individual canadates at 50 trillion, and aggregate spending at 75 trillion. Are the donations this allowed?
No. Corporations (and unions) cannot donate to candidates from their treasuries. (independent expenditures are fine tho)