MC 3080
State Actor Speech (convey message + understood)
Rational Intermediate Strict Compelling Narrowly Tailored
United States vs. O’Brien
This is speech (from Texas vs. Johnson)
Conveying message and message has to be understood
Can he be put in jail for burning draft card? Is it unconstitutional?
Content neutral regulation
Cannot get people to effectively fight without draft cards
Understood because they beat him up
Need to call for service vs. O’Brien’s speech
Call to service wins
You can’t say whatever you like if it affects the gov’s ability to run
Intermediate scrutiny (can suppress speech if):
Furthers an important or substantial gov influence
If the governmental interest is separated from the freedom of expression
If the incidental restriction is no greater than essential than the furthers of that interest
Strict scrutiny
Narrowly tailored
Waving a rebel flag after a touchdown at an Ole Miss game (want to stop it because it’s stopping black players from joining the team)
Is it suppression of speech?
There is a state actor and speech
So is it intermediate or strict?
Content based (strict scrutiny)
Don’t say no rebel flags- say no sticks allowed in football games and no banners because people can’t see from behind them
Content neutral regulation(intermediate and O’Brien)
Don’t care about flag, care about the sticks
Don’t care what’s on the banner, care about the people’s ability to see
Intermediate
There are alternative ways to wear the rebel flag
Hat- content neutral (substantial gov interest and unrelated to freedom of expression)
Time, place, and manner of restriction
Ex. Free speech alley vs. on another road because it could be disturbing the peace
Freeman wins
Open toed shoes
State actor but no speech
Rational based scrutiny- automatic Freeman win
Greek letters
State actor and speech involved
Content based
Rational Intermediate Strict Compelling Narrowly Tailored
United States vs. O’Brien
This is speech (from Texas vs. Johnson)
Conveying message and message has to be understood
Can he be put in jail for burning draft card? Is it unconstitutional?
Content neutral regulation
Cannot get people to effectively fight without draft cards
Understood because they beat him up
Need to call for service vs. O’Brien’s speech
Call to service wins
You can’t say whatever you like if it affects the gov’s ability to run
Intermediate scrutiny (can suppress speech if):
Furthers an important or substantial gov influence
If the governmental interest is separated from the freedom of expression
If the incidental restriction is no greater than essential than the furthers of that interest
Strict scrutiny
Narrowly tailored
Waving a rebel flag after a touchdown at an Ole Miss game (want to stop it because it’s stopping black players from joining the team)
Is it suppression of speech?
There is a state actor and speech
So is it intermediate or strict?
Content based (strict scrutiny)
Don’t say no rebel flags- say no sticks allowed in football games and no banners because people can’t see from behind them
Content neutral regulation(intermediate and O’Brien)
Don’t care about flag, care about the sticks
Don’t care what’s on the banner, care about the people’s ability to see
Intermediate
There are alternative ways to wear the rebel flag
Hat- content neutral (substantial gov interest and unrelated to freedom of expression)
Time, place, and manner of restriction
Ex. Free speech alley vs. on another road because it could be disturbing the peace
Freeman wins
Open toed shoes
State actor but no speech
Rational based scrutiny- automatic Freeman win
Greek letters
State actor and speech involved
Content based