Categorical Bans
This case gave us this test to determine whether content is obscene:
(1)Whether the average person would find that this work taken as a whole appeals to the prurient (lustful) interest (2) Whether the work depicts or describes sexual conduct in a patently offensive way (3) Whether the work as a whole lacks serious literary, artistic, political, or scientific value
What is Miller v. California?
Streets, parks, and plazas.
What are traditional public forums?
Any speech that proposes a commercial transaction
What is Commercial Speech?
This is used on regulations that employ viewpoint discrimination.
What is strict scrutiny?
1919
When was the first time the Supreme Court heard a media law 1st amendment case?
This case gave us the fighting words doctrine.
What is Chaplinsky v. New Hampshire?
This functions like a traditional public forum but the government can take away access at any point.
What are designated public forums?
This case overrules Valentine V. Chrestensen (1942) and says commercial speech does have protections
What is Virginia State Board of Pharmacy V. Virginia Citizens Consumer Council
These restrictions regulate when and where speech can take place
What are time, place, and manner restrictions?
Violent videogames are not obscene
What is Brown v EMA?
This case gave us the test for incitement to imminent lawless action.
What is Brandenburg v. Ohio?
The president's Twitter account is a designated public forum.
What is Knight v. Trump?
Advertisements being "beneath the profession" isn't enough to ban commercial speech from certain professions
Bates v Arizona State Bar
Virginia State Board of Pharmacy v Virginia Citizens Consumer Council
This is when you apply intermediate scrutiny
What is a content-based regulation?
These cases say that symbolic speech is protected as long as there aren't any content neutral regulations prohibiting it.
This has two answers. Must say both.
What is Texas v. Johnson and U.S. v. O'Brien?
A protestor's arrest after threatening the life of the president was unconstitutional because he engaged in "rhetorical hyperbole."
What is Watts v. U.S.?
Community bulletin boards, classrooms, and lecture halls that have a specific purpose decided by the government
What is limited purpose public forum?
you cannot use terminology from an illegal act to sell your product
Hoffman Estates v Flipside
Language or material that in context depicts or describes in terms patently offensive as measured by contemporary community standards for the broadcast medium
What is Indecency?
The truth will emerge from competition of ideas not from censorship
What is the Marketplace of Ideas?
In civil cases, these require an objective and a subjective test. In criminal cases, they also require some degree of criminal intent.
What are true threats?
Private property, prisons and airports
What is a non public forum?
Is the speech eligible for protection? Is it truthful? Does it involve an illegal product or service?
Will the regulation in questions serve a legitimate public interest?
Will that regulation directly advance that government interest?
Will the regulation impinge on no more speech than is necessaty?
What is the Central Hudson Test?
The unconstitutional arrest of a speaker to protect them from harm
We should have the right to express ourselves, gain power, and realize our full potential through our speech
What is Individual Autonomy Theory?