Unprotected Speech
This type of speech, which consists of direct personal insults likely to provoke a violent reaction, is considered unprotected by the First Amendment.
What are Fighting Words?
In content-neutral regulations, the government must show that these regulations serve a significant government interest and leave open ample alternative channels for communication.
What is Intermediate Scrutiny?
While not as highly protected as other forms of expression, this type of speech receives a level of constitutional protection due to its value in providing information to consumers.
What is Commercial Speech?
What is Content-based regulation?
This claim is premature and does not have a developed claim yet
What is ripeness?
This category of speech includes false statements that damage a person's reputation, and is not protected by the First Amendment.
What is Defamation?
Strict scrutiny is applied to content-based regulations of speech, requiring the government to demonstrate ...
What is a compelling interest and narrowly tailored?
This form of expression, such as burning the flag or wearing armbands, is considered a type of protected speech under the First Amendment.
What is Symbolic Speech?
These types of regulations control the time, place, and manner of speech without regard to the content or viewpoint expressed.
What is content-neutral regulations?
A federal court will not hear a case that has already been resolved. A real live controversy must exist at all stages of review.
What is mootness?
A state cannot forbid advocating the use of force or of law violation unless such advocacy is (1) directed to producing or inciting imminent lawless action and (2) is likely to produce or incite such action.
What is clear and present danger of imminent lawlessness?
To avoid strict scrutiny, government regulations of speech and assembly in public forums and designated public forums must ...
What is (1) content neutral, (2) narrowly tailored to serve an important government interest, and (3) leave open alternative channels of communication?
Give an example of an action that falls under the category of "symbolic speech" protected by the First Amendment.
What is burning the flag as a form of protest?
A regulation will not be upheld if it is overbroad and burdens a substantial amount of speech.
What are the requirements for standing?
What is (1) injury in fact, (2) causation, and (3) redressability?