Constitutional Law II: Free Speech (Part 3)

This set of flashcards covers key concepts and cases related to Free Speech as discussed in Constitutional Law II, focusing on the First Amendment, restrictions on speech, and important Supreme Court rulings.

First Amendment

Prohibits Congress from making laws that restrict freedom of religion, speech, press, assembly, and petition.

Time, Place, and Manner Restrictions

Regulations that govern when, where, and how speech can occur without infringing on the content of that speech.

Strict Scrutiny

The highest level of scrutiny applied by courts to review restrictions on speech, requiring that regulations be narrowly tailored to serve a compelling government interest.

Traditional Public Forums

Places such as parks and streets that have historically been open to public debate and political expression.

Content-based Regulation

Laws that target speech based on its content; these are subject to strict scrutiny by the courts.

Intermediate Scrutiny

A standard of review used by courts for regulations that are not of the highest level of scrutiny; applicable to nonpublic forums.

McCullen v. Coakley (2014)

A Supreme Court case that dealt with buffer zones around abortion clinics, leading to the conclusion that the law discriminated against content and was not narrowly tailored.

Forsyth County v. Nationalist Movement (1992)

A Supreme Court case that determined a permit fee based on the content of speech was unconstitutional.

FCC v. Pacifica Foundation (1978)

A case where the Supreme Court upheld the FCC's right to regulate indecency on public airwaves.

Nonpublic Forums

Places that are not traditionally open for public speech, such as jails or military bases.