Categorical Bans
Public Forums
Commercial Speech
Regulating Speech
Grab Bag
100

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?

100

Streets, parks, and plazas.

What are traditional public forums?

100

Any speech that proposes a commercial transaction

What is Commercial Speech?

100

This is used on regulations that employ viewpoint discrimination.

What is strict scrutiny?

100

1919

When was the first time the Supreme Court heard a media law 1st amendment case?

200

This case gave us the fighting words doctrine.

What is Chaplinsky v. New Hampshire?

200

This functions like a traditional public forum but the government can take away access at any point.

What are designated public forums?

200

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

200

These restrictions regulate when and where speech can take place

What are time, place, and manner restrictions?

200

Violent videogames are not obscene

What is Brown v EMA?

300

This case gave us the test for incitement to imminent lawless action.

What is Brandenburg v. Ohio?

300

The president's Twitter account is a designated public forum.

What is Knight v. Trump?

300

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

300

This is when you apply intermediate scrutiny

What is a content-based regulation?

300

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?

400

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.?

400

Community bulletin boards, classrooms, and lecture halls that have a specific purpose decided by the government

What is limited purpose public forum?

400

you cannot use terminology from an illegal act to sell your product

Hoffman Estates v Flipside

400

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?

400

The truth will emerge from competition of ideas not from censorship

What is the Marketplace of Ideas?

500

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?

500

Private property, prisons and airports

What is a non public forum?

500

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?

500

The unconstitutional arrest of a speaker to protect them from harm

What is a Heckler's Veto?
500

We should have the right to express ourselves, gain power, and realize our full potential through our speech

What is Individual Autonomy Theory?