B issue is the federal law regulating this

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b. Issue : Is the federal law regulating this constitutional? c. Holding : No. i. The G may not suppress political speech on the basis of the speaker’s corporate identity. Corporations have long been held to enjoy constitutional rights of Freedom of Speech. The G does not have any sufficient interest in the complete ban of such advertisement. This trumps the concerns over election corruption. vii. Obscenity = NOT protected 1. Miller v. California , 1973 MEMORIZE THIS TEST a. Facts : Appellant had a mass mailing system designed to sell “adult” material. He was arrested for disseminating obscene material. b. Issue : called on to define the standards which must be used to identify obscene material that a State may regulate without infringing on the First Am. c. Holding : i. Confine the permissible scope of regulation to works which depict or describe sexual conduct. That conduct must be specifically defined by the applicable state law. ii. Test : 1. Whether the average person, applying contemporary community standards would find that the work, taken as a whole , appeals to the prurient interest; a. Prurient = that which excites lustful or lascivious thoughts 2. Whether the work depicts or describes, in a patently offense way, sexual conduct specifically defined by the applicable state statute; 3. And, whether the work, taken as a whole , lacks serious literary, artistic, political, or scientific value. 2. Paris Adult Theater 1 v. Slaton a. Facts : two adult movie theaters in Atlanta aired movies that were allegedly obscene. The theaters had a normal 37
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looking exterior, were clearly marked as adult theaters in signage, and forbid adults under 21 from entering. b. Issue : Did the injunction violate the 1st Am? c. Holding : No. i. We categorically disapprove the theory…that obscene, pornographic films acquire constitutional immunity from state regulation simply because they are exhibited for consenting adults only. ii. The States have a long-recognized legitimate interest in regulating the use of obscene material in local commerce and in all places of public accommodation, as long as these regulations do not run afoul of specific constitutional prohibitions. iii. There are legitimate state interests at stake in stemming the tide of commercialized obscenity, even assuming it is feasible to enforce effective safeguards against exposure to juveniles and to passerby. e. What Places Are Available for Speech? i. ISKCON v. Lee (2 cases) 1. Facts : The Krishnas were collecting donations and handing out flyers in the airport. The airport (which is jointly owned by a private corporation and the state DOT) asked them to leave and removed them from the premises. 2. Issue : Is an airport a public forum such that a regulation prohibiting solicitation in it violates the United States Constitution? 3. Holding : No. a. Airports are a non-public forum. The ban was reasonable. See chart for more details. f. Freedom of Association (1) Traditional Public Forum – government owned properties that the G is constitutionally obligated to make available for speech (i.e.: sidewalks and parks) a. Test : narrowly drawn to achieve a compelling state interest (2) Designated Public Forum
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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