Explore the legal terms and concepts related to First Amendment - Free Speech. Click on any term below to learn more about its definition and applications.
Are fighting words protected speech?
Fighting words (true threats) are unprotected speech, however, the Supreme Court has always found st...
Is speech protected when it incites illegal activity?
No. The government may punish speech if there is a substantial likelihood of imminent illegal activi...
Can government speech be challenged?
No, government speech cannot be challenged under the 1st Amendment. Thus, one cannot challenge the g...
When is commercial speech protected, and when is it not?
Truthful commercial speech is protected. However, advertising for illegal activity and false and dec...
When may a private figure recover for defamation if there is no matter of public concern?
A private figure, regarding a matter not of public concern, need only prove falsity of the statement...
When may a private figure recover for defamation regarding a matter of public concern?
A private figure, regarding a matter of public concern, may recover only by proving falsity of the s...
Are profane and indecent speech protected?
Yes, profane and indecent speech is generally protected, except over the broadcast media and in scho...
May the government seize assets of businesses that violate obscenity laws?
Yes, the government may seize the assets of a business convicted of violating obscenity laws.
When may the government punish private possession of obscene materials?
The government may not punish private possession of obscene materials, except for child pornography.
When may the government ban child pornography?
Child pornography may be completely banned, even if not obscene. However, pornography involving comp...
When may the government use zoning ordinances to regulate adult businesses?
The government may use zoning ordinances to regulate the location of adult bookstores and movie thea...
When are obscenities and sexually oriented speech considered obscene?
Obscenity and sexually oriented speech are obscene where it describes or depicts sexually content th...
When may a public official or figure recover for defamation?
Under the New York Times v. Sullivan standard, a public official or figure may recover only by provi...
When may the government regulate symbolic speech?
The government can regulate symbolic speech if: (1) the regulation is within its constitutional powe...
When may the government burden lawful, non-misleading, non-fraudulent commercial speech?
Commercial speech that proposes lawful activity that is not misleading or fraudulent may be burdened...
What are prior restraints and when are they valid?
Prior restraints are judicial orders or administrative systems (not legislative) that stop speech be...
Which level of scrutiny is applied to content-neutral restrictions?
Content-neutral restrictions that burden speech are subject to intermediate scrutiny, and must advan...
What are content-based restrictions, and which level of scrutiny is applied?
Content-based restrictions are those that relate to the subject matter (topic) or viewpoint (ideolog...
What does the 1st Amendment prohibit, and how is it applied?
The 1st Amendment prohibits Congress from abridging the freedom of speech, and is applicable to the...
What level of scrutiny is applied to content-based restrictions on public forums?
Content-based restrictions are subject to strict scrutiny.
When may the government require a license for speech?
The government can require a license for speech only if there is an important reason for licensing a...
What level of scrutiny is applied to court orders suppressing speech?
According to Chemerinsky, court orders suppressing speech must meet strict scrutiny, although a proc...
What level of scrutiny is applied to laws impacting freedom of association?
Under the 1st Amendment, one has a right to freedom of association. Laws that prohibit or punish gro...
What are the limits of free speech during a broadcast?
Viewers and listeners have a right to received information of public concern, but the government may...
What rights do the press have in addition to those granted to private citizens?
Generally, the press has no greater 1st Amendment freedom than a private citizen. The public and pre...
How do you analyze a free speech issue?
1. Write your 1st Amendment free speech rule statement. 2. What is the actor seeking to restrict? 3....
What are non-public forums?
Non-public forums are government properties that the government constitutionally can and does close...
When are time, place, and manner restrictions on speech valid?
The government can regulate using reasonable time, place, and manner restrictions so long as they ar...
What are public forums?
Public forums are government properties that the government is constitutionally required to make ava...
What are limited public forums?
Limited public forums are government properties that are limited to certain groups or dedicated to t...
What are designated public forums?
Designated public forums are government properties the government could close to speech, but chooses...
Is discretion allowed in determining fees for public demonstrations?
No. City officials cannot have discretion in setting permit fees for public demonstrations.
Is anonymous speech protected?
Yes, anonymous speech is protected.
When is a law unconstitutionally overbroad?
A law is unconstitutionally overbroad if it regulates substantially more speech than the Constitutio...
When may the government punish or limit news reporting?
The government may not create liability for truthfully reporting information that was lawfully obtai...
What is the constitutionality of laws prohibiting group discrimination?
Laws that prohibit a group from discriminating are constitutional, unless they interfere with intima...
What level of scrutiny is applied to laws that require disclosure of group membership?
Laws that require disclosure of group membership, where such disclosure would chill association, mus...
What is the 1st Amendment right to access private property for speech?
There is no 1st Amendment right of access to private property for speech purposes.
When is speech by government employees not protected?
Speech by government employees on the job, in the performance of their duties, is not protected.
When is a law unconstitutionally vague?
A law is unconstitutionally vague and violates Due Process if a reasonable person cannot tell what s...
