Glossary of Constitutional Law MBE

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Review Level for content-neutral speech regulation
intermediate scrutiny - advance important interest unrelated to the supression of speech and must not burden substantially more speech than necessary to further those interests
Review for direct burden on content of speech
presumptively unconstitutional except for obscenity / defamation . etc
allowable regualtion of conduct related to speech
content-neutral time, place, and manner restrictions
review level for regualtion of symbolic acts
government can regulate if it has an important interest in the regulation independent of the speech aspects of the conduct and the incidental burden on speech is no greater than necessary
permissive forms of regulation for speech in public forums and designated public forums
reasonable time, place, and manner restrictions that are
1. content-neutral,
2. narrowly tailored to serve a significant / important governmnet interest
3. leave open alternative channels of communication
3 general prohibitons for regualtions on speech
1. overbroad
2. vague
3. gives unfettered discretion
review for content based injunction against speech in a public forum
necessary to achieve a compelling interest
review for content neutral inuunction against speech in a public forum
it must burden no more speech than is necessary to achieve a significant government interest
valid regualtion of speech in non-public forum
must be
1. viewpoint neutral
2. and reasonably related to a legitimate government interest
review for restrictions on the content of speech
narrowly tailored to achieve a compelling government interest - includes inciting imminent lawless action, fighting words, obscenity, defamatory speech, commercial speech that proposes unlawful activity or that is misleading or fraudulent
test for obscenity of speech
1. aooeals to the prurient interest in sex (community standard)
2. patently offensive (community standard)
3. lacks serious value (national reasonable person standard)
review for regualtion of commercial speech that is not misleading/fraudulent/proposing unlawful activity
regualtion will be upheld if it:
1. serves a substantial governmnet interest
2. directly advances that interest
3. is narrowly tailored to serve that interest
meaning of narrowly-tailored
1. does not require the least restrictive means of accomplishing the legislative goal
2. must only be a reasonable fit between the goal and the means chosen
review for prior restraints
government must show that some special societal harm will result otherwise
procedural safeguards for prior restraints to be valid
1. standards are narrowly-drawn, reasonable, and definite
2. injunction is promptly sought
3. prompt and final determination of the validity of the restraint
review for a tax or regualtion impacting on the content of the press / a publication
compelling justification
general review for regualtion of newspaper
strict scrutiny
general review for regualtions of broadcast media
review less critical than strict scrutiny
review for regulations of cable television transmissions that are content - neutral
intermediate scrutiny
review for regulations of cable television transmissions that are content - based
strict scrutiny
review for infringements on feedom of association
1. compelling state interest unrelated to the supression of ideas
2. least restrictive means of protecting the government interest involved
review for regulation of the electoral process
balancing test:
1. severe restriction on 1st Amendment activity requires strict scrutiny
2. reasonable restrictions that are nondiscriminatory will generally be upheld
review for statute kimiting election campaign contributions
intermediate scrutiny - closely drawn to match a sufficiently important interest
review for firing of EE for speech-related conduct regarding a matter of public concern
court will balance EE's rights as a citizen to comment on matters of public concern with the govt's's interest as an ER in efficient performance of public service
review for firing of EE for speech-related conduct NOT regarding a matter of public concern
courts give wide deference to the gov't ER's judgment
review for government regulation that prefers one religious sect over another
narrowly tailored to promote a compelling interest
test for validity under the Establishment clause
1. secular purpose
2. primary effect that neither advances nor inhibits religion
3. does not produce excessive governmnet entanglement with religion

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