Chapter 2 law

In the area of government speech, the us Supreme Court has

Found the first amendment does not deal expressively with government speech or speakers

In several recent decisions, the us Supreme Court has held that state or federal limits on campaign spending

unconstitutionally restrict the freedom of speech protected by the First Amendment

When the Supreme Court reviews the constitutionality of laws, it applies

rational review, intermediate review, or strict scrutiny

Instrumentalists argue that the first amendment advances all of the following goals except ___.

obscenity

The right to freedom of association is considered a

Derivatives right associated with free speech

If the first amendment stands as a nearly complete ban on prior restraints, they nonetheless may be constitutional to prevent

Incitement's of violence

What does prior restraint accomplish

It enables government to stop publications before they reach the public

Traditional Public Forum

Lands designed for public use and historically used for public gathering, discussion and association (e.g., public streets, sidewalks and parks). Free speech is protected in these areas.

The right to freedom of association is considered a ____

Not a fundamental right guaranteed by the constitution

In deciding whether and how the first amendment protects new media, the Supreme Court has largely

Not determined that new media can pose a threat to communities

In considering the issue of requiring speech, the Supreme Court has said that

Not individual states may decide whether the right to speak and the right to refrain are compatible

Prior restraints on speech are

Presumptively unconstitutional and rarely constitutional

In reed v town of Gilbert, the Supreme Court held that laws

That distinguish treatment based on the message on the message are content based

The first amendment prohibits abridgements of the freedom of speech and the press by ___

all levels and branches of government