Con: Freedom of Speech (protected by :1st Amendment Speech and Press…
Con: Freedom of Speech
protected by :1st Amendment Speech and Press Clause
Congress may make no law that abridges the freedoms of speech or of the press and these provisions are applicable to the
DPC of the 14th amendment.
Limitations on Speech that is not protected
: will have to be:
obscene depictions and fighting words (personal insults or epithets)
Miller Test: (1) whether the average rational person applying community standards would find that the work as a whole appeals to the prurient interest (2) whether the work depicts or describes in an offensive way sexual conduct specifially defined by the state law (3) whether the work as a whole lacks serious literary artistic political or scientific value
conduct that conveys a message that is non-public
defamatory involves some protection
Commercial speech not as fully protected
whether the restriction is aimed at the conduct or content of the message
content: strict scrutiny
Limitation on free speech:
will :have to be:
clear + present danger test:
speech raises a clear and present danger when it is intended to bring about imminent lawless action and is likely to have that result. (court has not clarified imminent as weeks days or hours)
does not allow the suppression of speech that is abstract or in the future
A demonstration that there is a compelling gov interest to which the restriction is necessary
the law is narrowly tailored to serve a compelling government interest
and there is no least restrictive alternative that would achieve its objective.
conduct: intermediate scrutiny.
must be to further an important or substantial gov interest
time, place, manner, and conduct intended to convey a message when gov concern is over the conduct and not the message.
public v. non public
non-public: limitation has to be reasonal
public forum: communicative conduct:
person or person engaged in the conduct must have intended to communicate a message, and there must be a reasonable likelihood that those seeing the conduct will understand the message.