Speechflowchart - Constitutional Law II Fall, 2006 Prof....

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Anti-speech regs require a high level of justification. Non-speech regs, a lower level of justification. No Does the regulation target the "secondary effects" of adult speech? 2 1 FREE SPEECH Does gov't have power to regulate in this manner? O'Brien and TP&M don't usually apply to pure speech because any interference is anti-speech Violates 1st amendment e.g., leafleting, demonstrating e.g., writing, speaking Activity is Restricted Activity is Prohibited Determine the standard of review that will be applied to content- based restrictions STOP Not a 1st am issue Symbolic speech Mixed speech/action Pure speech No expressive component First determine the kind of speech involved. If there is no expressive element, regulation does not raise any 1st amendment problems. No Is the regulation content neutral? Subject matter dis- crimination is permitted Viewpoint discrimination? Non public forum or other's private property Limited public forum Traditional public forum One's own property Where is the speech
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This note was uploaded on 04/05/2010 for the course LAW LAW5502 taught by Professor Stern during the Spring '10 term at Florida State College.

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