First Amendment Freedom of Speech Issue Checklist

I.

FREEDOM OF SPEECH
a. GENERAL PRINCIPLES
i. Regulations Based on Content
1. Content-Based
a. Unprotected Speech
i. Inciting Imminent Lawless Action
ii. Fighting Words
iii. Obscenity
1. Standard May Be Different for Minors
a. Picture of Minors
2. Land Use Regulations
3. Liquor Regulation
4. Private Possession of Obscene Material
iv. Defamatory Speech
1. Intentional Infliction of Emotional Distress
v. Some Commercial Speech
1. Complete Bans
2. Required Disclosures
2. Content-Neutral
ii. Regulations Based on Conduct
1. Time, Place, and Manner Restrictions
a. Public Forums and Designated Public Forums
i. Injunctions
b. Limited Public Forums and Nonpublic Forums
2. Symbolic Speech
b. GOVERNMENT SPEECH
i. Public Monuments
ii. Government Funding of Private Speech
1. Exception Funding of the Arts
c. SCOPE OF SPEECH
i. Mandatory Financial Support
1. Exception University Activity Fees
d. PRIOR RESTRAINTS
i. Procedural Safeguards
ii. Obscenity Cases
1. Seizures of Books and Films
2. Movie Censorship
3. Burden of Government
e. REASONABLENESS OF REGULATION
i. Overbroad Regulation Invalid
ii. Void for Vagueness
iii. Cannot Give Officials Unfettered Discretion