Chapter 3 Vocabulary
injunction
(law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity
overbreadth
A law is unconstitutionally overbroad if it regulates substantially more speech than the constitution allows to be regulated.
public forum
A public place such as a street, sidewalk, or park where people have a First Admendment right to express their views on public issuses.
commercial speech
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
narrowly tailored
Constitution requires specificity in regulations (terms defined etc.) Must be narrow in scope and not impact expression unnecessarily (be over breadth)
content-based regulation
Content-based restrictions on the subject matter or viewpoint of speech must meet strict scrutiny. The court will consider whether there are less speech-restrictive alternatives to achieve the government's purpose.
overblock
Filtering on public computers that may prevent library users from accessing legally permissible material.
underblock
Filtering on public computers that misses material that the government wishes to restrict.
least restrictive means
If one right must be restricted to protect another right, the restriction must be as minimal as possible.
symbolic speech
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
protected speech
Pure speech, speech plus and symbolic speech are forms of speech that are protected by the government. Citizens are allowed to use these freedoms without being prosecuted, as long as they follow certain guidelines.
expressive conduct
The Government can regulate the non-speech elements of expressive conduct if it serves an important government interest, is unrelated to the suppression of the ideas, and is not greater regulation than necessary.
fighting words
Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
strict scrutiny
a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal
place
a job in an organization
time
a period of time considered as a resource under your control and sufficient to accomplish something
clear and present danger
a risk posed to public safety by certain speech or conduct; the government has the legal authority to suppress such speech and conduct
manner
a way of acting or behaving
obscenity
an offensive or indecent word or phrase
First Admendment
freedom of speech, freedom of religion, freedom of the press, right of assembly, right to petition
prior restraint
government censorship of information before it is published or broadcast
unprotected speech
libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances
vague
not clearly understood or expressed
offensive speech and conduct
speech and conduct that is offensive to others
compelling state interest (CSI)
the government interest of the highest order to protect the health, safety, and welfare of its citizens
child pornography
the illegal use of children in pornographic pictures or films
chilling effect
the impact of vague or overbroad laws that repress free speech rights by making people fear criminal reprisal for the content of their speech
facail review
the review of facial