First Amendment: Freedom of Speech - AP Government and Politics

Allowed corporate funding of political broadcasts. Ruled corporate political spending is protected speech, not regulable conduct.

Government can regulate speech based on time, place, manner. Allows reasonable limits on when, where, and how speech occurs.

Tinker v. Des Moines (1969). Students wearing black armbands to protest Vietnam War were protected.

Protected flag burning as symbolic speech. Established flag desecration as protected political expression despite controversy.

Public property opened for specific expressive activities. Government designates certain spaces for expressive use with some restrictions.

No, it is not protected. False statements harming reputation receive no constitutional protection.

Libel and slander. Libel is written defamation; slander is spoken defamation.

Chaplinsky v. New Hampshire (1942). Established that insulting words directed at individuals lack protection.

No, they are not protected. Exception to First Amendment for words that tend to incite breach of peace.

New York Times Co. v. Sullivan (1964). Required actual malice standard for public figures in defamation cases.

Speech encouraging illegal action. Speech directed at producing imminent lawless action receives no protection.

Must be content-neutral, narrowly tailored, serve significant interest. Requirements ensure regulations don't target specific messages or viewpoints.

Laws that do not favor or disfavor any speech content. Regulations must focus on conduct, not the message being conveyed.

Ward v. Rock Against Racism (1989). Upheld noise regulations for concerts as content-neutral time/place/manner restrictions.

Government property open for public expression. Traditional venues like parks and sidewalks have strongest speech protections.

No, it is not protected. Speech advocating immediate illegal action falls outside First Amendment protection.

Government action to prohibit speech before it occurs. Preventing publication is generally unconstitutional except in extreme circumstances.

New York Times Co. v. United States. Pentagon Papers case rejected government censorship of Vietnam War documents.

Speech that demeans based on race, religion, or other traits. Offensive speech targeting identity groups but still generally protected.

Yes, unless it incites violence or constitutes a true threat. First Amendment protects offensive speech unless it creates imminent danger.

R.A.V. v. City of St. Paul (1992). Court struck down ordinance banning bias-motivated symbols as content-based.

Test for determining what constitutes obscene material. Three-part standard examining appeal, patently offensive nature, and value.

Miller v. California (1973). Created current three-prong test replacing earlier Roth standard for obscenity.

Speech that proposes a commercial transaction. Advertising and marketing communications receive intermediate constitutional protection.

Yes, but it is subject to greater regulation. Receives less protection than political speech due to economic motivation.

Words that incite immediate violence. Personal insults likely to provoke immediate violent response are unprotected.

To determine violations of the Establishment Clause. Three-part test examining purpose, effect, and entanglement with religion.

Lemon v. Kurtzman (1971). Created standard for evaluating government aid to religious institutions.

Yes, unless it incites violence or constitutes a true threat. First Amendment protects offensive speech unless it creates imminent danger.