Speech restrictions: employees, permits and prior restraint Bar Exam Flashcards - Medical Study Cards
Master Speech restrictions: employees, permits and prior restraint with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Speech restrictions: employees, permits and prior restraint Flashcard Deck - 8 Cards
Flashcard 1: What is the Free Exercise Clause rule for laws burdening religious conduct?
Answer: Under the majority rule, a neutral law of general applicability that incidentally burdens religion ordinarily receives rational-basis review under Employment Division v. Smith. A law that is not neutral or generally applicable must satisfy strict scrutiny: it must further a compelling governmental interest and be narrowly tailored.
Flashcard 2: What rules apply to speech in traditional, designated, limited, and nonpublic forums?
Answer: In traditional and designated public forums, content-based restrictions face strict scrutiny and reasonable content-neutral time, place, and manner limits are allowed; in limited and nonpublic forums, restrictions must be reasonable and viewpoint neutral. The government may reserve a forum for its intended purpose.
Flashcard 3: What fault standard does the First Amendment impose in defamation actions?
Answer: A public official or public figure must prove actual malice—knowledge of falsity or reckless disregard for truth; for a private plaintiff involving a matter of public concern, negligence generally suffices for liability, but actual malice is required for presumed or punitive damages.
Flashcard 4: What four-part test governs regulation of truthful, nonmisleading commercial speech concerning lawful activity?
Answer: Under Central Hudson, the government must show that the restriction directly advances a substantial interest and is no more extensive than necessary; misleading or unlawful commercial speech receives no protection.
Flashcard 5: What is the constitutional test for obscenity under Miller v. California?
Answer: Material is obscene if, applying contemporary community standards, it appeals to prurient interest, depicts specifically defined sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value when viewed as a whole.
Flashcard 6: What test governs a content-neutral regulation of expressive conduct?
Answer: Under the O’Brien test, the regulation is valid if it is within government power, furthers an important or substantial interest unrelated to suppressing expression, and imposes no greater incidental restriction on speech than essential to that interest.
Flashcard 7: What is the constitutional rule governing prior restraints on speech?
Answer: A prior restraint prohibits speech before it occurs and is presumptively unconstitutional. The government bears a heavy burden to justify it, and any licensing system must provide clear standards and prompt judicial review.
Flashcard 8: What is the First Amendment rule against compelled speech?
Answer: The government generally may not compel a private person to speak, affirm a belief, or disseminate another speaker’s message. A compelled message is subject to First Amendment scrutiny even when the government does not directly prohibit the person’s own speech.
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