Freedom of Speech 1
Which speech is protected?
Commercial Speech
What is abridgement of speech?
2. Limiting speech
3.Compelling speech
4. Tort liability (IIED, defamation, etc.)
5. Interference with freedom of association
6. Unconstitutional Conditions
Guess the types of unprotected speech.
Fighting Words
Hostile Audience
True Threats
Hate speech
Obscenity
What are two clause under Freedom of Religion?
Free Exercise Clause
Establishment Clause
Does the First Amendment Apply to the government?
Yes. "Congress shall make no law"
a. Federal (Directly applies)
b. State (Indirectly applies) through Due the Process Clause - 14th Amendment.
c. Local (indirectly applies) through process clause - 14th amendment
Is abridgement of speech unconstitutional?
YES: Apply Strict Scrutiny
What places are the available for speech?
Public Forums
Designated Forums
Limited Forums
What are the private actors exceptions?
i. Performing functions as a government entity
ii. When government sufficiently entangled with the business (not just receiving funding)
Is Expression being regulated?
YES: Time, Place, Manner
1. Inherently expressive speech
2. Content-neutral Language
3. Ample channels of communication open
4. Narrowly tailored to serve a significant government interest
What type of speech is completely Unprotected?
Incitement words
What is speech?
1. Words (spoken or written)
2. Entertainment (shows, tv, etc)
3. Expressive conduct (symbolic)
Is Conduct being regulated?
YES: Spence Test
Government may not punish speech unless...
1. The speaker intended to cause lawbreaking
2. The speech was likely to lead to unlawful behavior
3. Unlawful action was likely to occur imminently
Does the law regulate speech regardless of message?
YES: Apply Intermediate Scrutiny -> Content neutral: government bears the burden of proving the law (1) is narrowly tailored to (2) further a substantial government interest, which is (3) related to the governmental interest.
Did the conduct pass the Spence Test?
YES: O'Brien Test:
What are the three test determining whether government action is unconstitutional?
Lemon Test :
Purpose -> must be secular
Effect -> cannot aid or enjoin
Entanglement -> canning foster excessive government entanglement
Endorsement Test
Government cannot endorse ANY religion
Coercion Test
Government CANNOT coerce anyone into supporting or participating in any religion