Constitutional Law November 15, 2004

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Constitutional Law November 15, 2004

• Freedom of Expression
• General Introduction
• Content Based Regulation
• Illegal Advocacy Hostile Audiences
• Fighting Words Offensive Speech
• Defamation Related Issues
• Commercial Speech
• Obscenity
• Content Neutrality Related Problems
• Time Place Manner
• Public Forum
• Symbolic Speech
• Religion Clauses

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I. General Introduction

• First Amendment Text (link)
• Free Speech History
• Seditious Libel and Prior Restraints
• Dormancy
• Birth of Modern Free Speech Law
• Theories
• Categories

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C. Theories

• Search for Truth
• Marketplace of Ideas
• History of Suppression
• Self Government
• Informed Electorate
• Criticism of Government
• Self Fulfillment
• Value in and Of Itself
• Promotes Tolerance

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D. Categories1. Content Based/Neutral

• Rationale for the Distinction
• Characterization of Regulations
• Facial
• Purpose
• Level of Scrutiny
• CB SS (White)
• CN IS (Turner Broadcasting)
• Interaction with Other Factors

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2. Low Value Speech

• Categories
• Obscenity/Sexually Explicit Speech
• Commercial Speech
• Defamation
• Fighting Words
• Rationale/Perspective
• Less 1st Amendment Importance
• State Interest Justifies Regulation

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3. Form of Regulation

• Overbreadth (link)
• Protected and Unprotected Speech
• Facial Challenge 3d Party Standing
• Vagueness (link)
• Relation to DP Doctrine
• Relation to Overbreadth
• Prior Restraint
• Licensing
• Injunctions

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First Amendment
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof or abridging the freedom
of speech, or of the press or the right of the
people peaceably to assemble, and to petition the
government for a redress of grievances.
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Republican Pty v. White

• Content Based Regulation
• May Not Announce Views
• Breadth and Narrow Construction
• SS
• Purpose Impartiality/Appearance
• As To Litigants Not Narrowly Tailored
• As To Legal Issues Not Compelling
• Openmindedness Not Actual Purpose
• History Does Not Support

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Turner Broadcasting

• Content Neutral Regulation
• Must Carry Local Stations
• Dissent CB b/c Diversity Purpose
• IS Applies (on Remand)
• Purposes
• Preserve Free TV
• Multiplicity of Source
• Competition
• Requirement is Congruent

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Overbreadth
Protected Speech
Speaker
Unprotected Speech
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Vagueness
Protected Speech
Speaker
Unprotected Speech
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