Freedom of Speech

Strict Scrutiny: A law or government action is upheld only if the government can show that the law is [..1..] to achieve a [..2..] government purpose

necessary, compelling

To be [..1..] under strict scrutiny, the government must generally show there is no [..2..] alternative that accomplishes the goal

necessary, less burdensome

Intermediate Scrutiny: A law will be upheld if the government can show it is [..1..] to an [..2..] government purpose

substantially related, important

Intermediate Scrutiny: A law will be upheld if the government can show it does not burden substantially more speech than necessary to further those interests, meaning it must be [...]

narrowly tailored

Intermediate Scrutiny: The government's purpose must be [...] to the suppression of speech

unrelated

Under intermediate scrutiny, the government's actual purpose must be [..1..], not [..2..]

important, minor

Under intermediate scrutiny, "[...]" means more than rationally related

substantially related

Under intermediate scrutiny, a [..1..] alternative is not [..2..]

less restrictive, required

Forum Analysis: The extent to which the government may regulate speech on government property depends on the [...] of forum

type

The type of forum depends on what the government property is [..1..] for and whether the government has allowed any [..2..] beyond the typical use

used, special uses

Public Forums: Government-owned properties that have [..1..] been open to [..2..] activities

historically, speech-related

In public forums, [..1..] regulations are subject to [..2..]

content-based, strict scrutiny

[..1..] regulations of the time, place, and manner of speech in public forums are permissible if they serve an [..2..] government purpose

content-neutral, important

Content-neutral regulations of the time, place, and manner of speech in public forums are permissible if they are [..1..] to achieve that purpose AND leave open [..2..] methods for communication

narrowly tailored, adequate alternative

For Time, Place, and Manner regulations, "narrowly tailored" means a [..1..]. It does not require the [..2..] means

good fit, least restrictive

"[..1..] methods for communication" means would-be speakers can get their message out in some other [..2..]

adequate alternative, effective way

The standard for Time, Place, and Manner regulations in public forums is essentially [..1..] plus a requirement for [..2..]

intermediate scrutiny, adequate alternatives

Designated Public Forums: Public property that has not [..1..] been open to speech-related activities but which the government has [..2..] opened for such speech

historically, affirmatively

A designated public forum can be created by government [..1..] or [..2..]

policy, practice

Rule: Designated public forums are treated as [..1..] for the [..2..] they are so designated

public forums, duration

In designated public forums, [..1..] regulations are subject to [..2..]

content-based, strict scrutiny

[..1..] regulations of the time, place, and manner of speech in designated public forums are permissible if they serve an [..2..] government purpose

content-neutral, important

Content-neutral regulations of the time, place, and manner of speech in designated public forums are permissible if they are [..1..] to serve that purpose AND leave open [..2..] for communication

narrowly tailored, adequate alternative places

Nonpublic Forums: Government-owned property that is not [..1..] open for speech and has not been [..2..] for such

historically, designated

Regulation Standard for Nonpublic Forums: The government can regulate speech to reserve the property for its intended use if the regulations are [..1..] AND [..2..] to a legitimate government interest

viewpoint-neutral, reasonably related

Limited Public Forums: Government property not historically open for speech, which the government opens for a [...] or speech activity

specific, limited purpose

The distinction between a Designated Public Forum and a Limited Public Forum is determined by government [...]

a designated public forum is intentionally opened for a [..2..] of speech activities, while a limited public forum is intentionally opened for a narrow range of activities or a specific topic

Regulation Standard for Limited Public Forums: The government can regulate speech to reserve the forum for its intended use if the regulations are [..1..] AND [..2..] to a legitimate government purpose

viewpoint-neutral, reasonably related

Content Regulation in Limited Public Forums: Regulations do not have to be [..1..]. Speech can be limited to the specific [..2..] for which the forum was opened.

content-neutral, subject matter

Viewpoint Regulation in Limited Public Forums: Here, the regulation must be [..1..], which means the government cannot discriminate based on the [..2..] within the permitted subject matter

viewpoint-neutral; speaker's viewpoint

Public K-12 Schools (During School Hours): Considered [..1..] forums when classes are in [..2..]

nonpublic, session

Regulation of Student Speech in Public K-12 Schools: Schools can impose [..1..] speech regulations to maintain the [..2..] environment

viewpoint-neutral, educational

Schools can punish students for speech that is [...] of school activities

disruptive

School-Sponsored Speech (e.g., school newspapers, school field trips): These are considered [...] forums

nonpublic

For school-sponsored speech, schools can limit student speech based on content if the limitations are [..1..] to legitimate [..2..] concerns

reasonably related, pedagogical

For school-sponsored speech, legitimate pedagogical concerns include speech that is [...] to the school learning environment

disruptive

The press has no [..1..] First Amendment speech protection than [..2..]

greater, individuals

The First Amendment [..1..] Congress from making laws that [..2..] the freedom of speech

prohibits, abridge

The Fourteenth Amendment [..1..] the First Amendment's free speech protections to [..2..] and [..3..] governments

extends, state, local

Constitutional free speech protections apply to [..1..] action

government

The freedom of [..1..]—meaning [..2..] meetings of groups of people—is also protected, and the rules are similar to freedom of speech

assembly, peaceful

Speech includes [..1..], [..2..], or [..3..] that is intended to convey a message AND reasonably likely to be perceived as doing so

words, symbols, conduct

Freedom of speech includes the right not to be [..1..] by the [..2..] to speak

compelled, government

Content-based restrictions on speech—which are based on [..1..] or [..2..]—must meet [..3..]

subject matter, viewpoint, strict scrutiny

[..1..] requires the government to show the restriction is [..2..] to achieve a [..3..] government purpose

Strict scrutiny, necessary, compelling

[..1..] speech regulations, often called [..2..], [..3..], or [..4..] regulations, are subject to [..5..]

Content-neutral, time, place, manner, intermediate scrutiny

[..1..] for content-neutral regulations requires the restriction to be [..2..] related to an [..3..] government purpose

Intermediate scrutiny, substantially, important

Content-neutral restrictions must [..1..] important interests [..2..] to the suppression of speech AND must not burden [..3..] more speech than necessary to further those interests, meaning they must be [..4..]

advance, unrelated, substantially, narrowly tailored

A law is unconstitutionally [..1..] if a [..2..] person cannot tell what speech is [..3..] and what is [..4..]

vague, reasonable, prohibited, allowed

A law is unconstitutionally [..1..] if it regulates [..2..] more speech than the Constitution allows to be regulated

overbroad, substantially

An overbroad restriction is [..1..] invalid and cannot be [..2..] at all

facially, enforced

Speech can be punished as incitement if it is [..1..] AND [..2..] likely to cause [..3..] illegal activity

intended, substantially, imminent

Fighting Words are words that would make most people respond with [..1..]

violence

A true threat conveys a message that the speaker intends to [..1..] the recipient

harm

The speaker must [..1..] understand that the message conveyed is [..2..] OR act with [..3..] as to the threatening nature of the message

subjectively, threatening, recklessness

Speech is obscene if:

• it describes or depicts [..1..] that appeals to the [..2..] interest in sex,

• is [..3..] offensive to members of the [..4..], AND

• lacks [..5..] literary, artistic, political, or scientific value as measured by [..6..] standards

sexual conduct, prurient, patently, local community, serious, national

Obscene speech is [..1..] protected by the First Amendment

not

Defamatory speech can be [..1..]

restricted

Commercial speech is [..1..] if it is [..2..], [..3..], or [..4..]

unprotected, unlawful, untruthful, fraudulent

The government can [..1..] prohibit [..2..] or [..3..] advertising OR ads for [..4..] activities

completely, false, deceptive, illegal

Regulations on truthful commercial speech are subject to [..1..]

intermediate scrutiny

Regulations on truthful commercial speech must:

• serve a [..1..] government interest,

• [..2..] advance that interest, AND

• be [..3..] to achieve that interest

substantial, directly, narrowly tailored

Content-based regulation of speech is subject to [..1..], whereas content-neutral regulation of speech is generally subject to [..2..].

strict scrutiny, intermediate scrutiny

Content-neutral regulation of speech will be upheld if the government can show that the regulation:

• advances an [..1..] interest unrelated to the suppression of speech AND

• does not [..2..] more speech than necessary or is [..3..] to further the interest

important, burden substantially, narrowly tailored

The standard that a regulation must be reasonably related to a legitimate government purpose applies to regulations of speech in which forums? (2)

government-owned nonpublic forums, limited public forums

Forum analysis does not apply when the speech to be regulated occurs on […] land

privately owned

A regulation of commercial speech that concerns a [..1..] activity and is not [..2..] or [..3..] will be valid if it:

• serves a [..4..] government interest,

• directly advances the asserted interest, AND

• is the [..5..] means to serve the substantial interest.

The last prong of this test does not require that the [..6..] be used; rather, there must be a reasonable fit between the legislation's end and the means chosen

lawful, misleading, fraudulent, substantial, narrowly tailored, least restrictive

The government is allowed to adopt reasonable time, place, and manner regulations on speech in [..1..] forums and designated [..2..] forums. To avoid strict scrutiny and be upheld, such regulations must be:

• content-neutral,

• [..3..] tailored to serve an [..4..] government interest, AND

• leave open [..5..] channels of communication.

public, public, narrowly, important, alternative

A county fair had a rule that permitted solicitation only at specified times. A music show promoter was handing out leaflets at a time not allowed by the county fair rule. That the county fair rule allowed solicitation at specified times indicates that the rule was [..1..] and left open [..2..] of communication.

narrowly tailored, alternative channels

Y/N: Does the First Amendment protect against the government infringing on speech regardless of whether the speech is on private or public property?

Y

Y/N: If speech occurs on private property, does that preclude the property from being a public forum during the time that it was used for a public purpose, e.g., a county fair?

N