J 350F Ch. 2 vocabulary
time/place/manner laws
A First Amendment concept that laws regulating the conditions of speech are more acceptable than those regulating content; also, the laws that regulate these conditions.
defamation
A false communication that harms another's reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander.
symbolic expression
Action that warrants some First Amendment protection because its primary purpose is to express ideas.
important government interest
An interest of the government that is substantial or significant (i.e., more than merely convenient or reasonable) but not compelling.
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.
content-neutral laws
Laws enacted to advance a government purpose unrelated to the content of speech.
laws of general application
Laws such as tax and equal employment laws that fall within the express power of government. Laws of general application are generally reviewed under minimum scrutiny.
injunction
a court order prohibiting a person or organization from doing some specified act
strict scrutiny
a court test for determining the constitutionality of laws aimed at speech content, under which the government must show it is using the least restrictive means available to directly advance its compelling interest
compelling interest
a government interest of the highest order, an interest the government is required to protect
intermediate scrutiny
a standard applied by the courts to review laws that implicate core constitutional values; also called heightened review
rational review
a standard of judicial review that assumes the constitutionality of reasonable legislative or administrative enactments and applies minimum scrutiny to their review
O'Brien test
a three-part test used to determine whether a content-neutral law is constitutional
prior restraint
action taken by the government to prohibit publication of a specific document or text before it is distributed to the public; a policy that requires government approval before publication
seditious libel
communication meant to incite people to change the government; criticism of the government
nonpublic forum
government held property that is not available for public speech and assembly purposes
public forum
government property held for use by the public, usually for purposes of exercising rights of speech and assembly
designated public forum
government spaces or buildings that are available for public use (within limits)
content-based laws
laws enacted because of the message, the subject matter or the ideas expressed in the regulated speech
content-neutral laws
laws that incidentally and unintentionally affect speech as they advance other important government interests
ad hoc balancing
making decisions according to the specific facts of the case under review rather than more general principles
original intent
the perceived intent of the framers of the First Amendment that guides some contemporary First Amendment application and interpretation
categorical balancing
the practice of deciding cases by weighing different broad categories, such as political speech, against other categories of interests, such as privacy, to create general rules that may be applied in later cases with similar facts