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Fourth Exam Review Sheet

Fourth Exam Review Sheet - Review Sheet for the Final Exam...

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Review Sheet for the Final Exam Chapter 14: Freedom of Speech – Political speech & Natl Security Symbolic Speech [421] Laws found to be regulating the symbolic speech for content-neutral reasons United States v. O’ Brien (1968) [371]: Establishes test for symbolic speech (version of intermediate scrutiny) ; the court treats symbolic speech (use of symbols) as speech ; Court ruled that a federal regulation prohibiting destruction (burning) of a draft card was content-neutral regulation of symbolic speech since the government’s purpose in prohibiting draft card burning was to maintain a national system of draft registration (secondary purpose) and was not done foe the primary purpose of regulation the political idea being communicated by some parties who had burned the draft card ; Secondary impact- neutral; don’t care about the message; not concerned with message; Law upheld by intermediate scrutiny ; O’Brien can be punished for burning the card; O’Brien can still make an exact replica of the thing and burn it and not be charged under the law (government is not interested in copies- as long as you have the real one); you can still criticize the draft, just can’t burn the card ; convicted under the federal law of making it unlawful to forge, knowingly destroy, or mutilate a draft card Barnes v. Glen Theatre (1991) [390 – in Chapter 15]: Regulation of Adult Club’s “secondary effects” content- neutral ; the court held constitutional an Indiana ordinance which prohibited nudity in all public places- the statute impliedly covered indoor, privately owned adult clubs and thus required the dancers to wear certain articles over certain bodily regions to prevent nude dancing ; high crime has correlation with nudity; all nude more crime then; those with partially covered dancers ; content-neutral because Indiana was regulating the “secondary effects” of nude dancing clubs (which included vices like prostitution and drug dealing) and not the accompanying erotic message the dancer might have been trying to convey to the audience ; nude body is a symbol and can be regulated as speech (club will say they are concerned with the content) ; correlation with all these crimes government says; club says the message portrayed by completely nude girls is different than those wearing partial clothing ; high correlation of crime with use of a symbol Clark v. CCNV (1984) & [Table15.2, p. 379 – in chapter 15]: Park regulation on overnight camping upheld as content-neutral ; The court upheld a federal regulation which prohibited all overnight camping in Lafayette federal park located across from the White House ; Content-neutral because of the government’s substantial interest in maintaining the parks in the heart of our capital in an attractive and intact condition ; Aggregate effect might destroy the condition of the park ; secondary effect: destructive effects (grass dying after they show their homeless plight) ; Law upheld Laws found to be regulating the “content” of symbolic speech Tinker v. Des Moine (1969)
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