1. 1. Vagueness and Overbreadth: Laws governing free speech must be clear and specific. > Laws that unnecessarily prohibit too much expression are considered overbroad. 2. Symbolic Speech: conduct (nonverbal communication) that expresses an idea. > Examples include flag-waving, wearing arm bands or protest buttons, and demonstrations. - To punish symbolic speech, the government must be able to show in court that it has an important reason to do so; i.e., burning draft card.

2. 3. Obscenity: This applies to anything that treats sex or nudity in an offensive manner. > Government may ban obscene material.  Three-part guideline for determining whether a work is obscene: a) Would the average person, using current community standards, find that the work appeals to an unwholesome or unusual interest in sex? b) Does the work depict or describe, in an offensive way, sexual conduct specifically outlawed by state law? c) Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?

3. 4. Defamation: a false expression about a person that damages that person’s reputation. > When spoken, it is called slander and, when written, it is called libel. 5. Commercial Speech: All forms of advertising fall under this category. > Governments may regulate and even ban commercial speech in certain circumstances (deceptive, age, etc.). 6. Fighting Words and Ethnic Slurs: words spoken face-to-face that are likely to cause a breach of the peace between speaker & listener > These are not protected by the First Amendment.

4. 7. Time, Manner, and Place Restrictions: Government may make reasonable regulations governing when, how, & where speech is allowed. 8. Offensive Speakers & Hostile Audiences: How do you protect free speech and the general welfare?  Three legal tests: a) Clear and Present Danger – Is there a clear danger of a violation of the law? b) Balancing Test – Courts must balance the individual’s right to free expression against the government’s interests. c) Incitement Test – Speech can be prohibited only when it is directed toward producing immediate lawlessness and is likely to produce such behavior.

5. 9. Expression in Special Places: In three places, school, military bases, and prisons, people can exercise their First Amendment rights only as long as it does not interfere with the purpose of the facility.

6.  The First Amendment protects us from government censorship of newspapers, magazines, books, radio, television, film, and internet. > Prohibiting Publication: The Supreme Court only allows prior restraint, censorship before publication, if (1) publication would cause a certain, serious, and irreparable harm; (2) no lesser means would prevent the harm; and (3) the prior restraint would work.

7. > Denying Access to Information: Congress passed the Freedom of Information Act in 1966. - Thus, the only information that may be kept secret is national defense, personnel files, medical files, trade secrets, and investigatory records. > Requiring the Press to Disclose Information: If reporters obtain information that is important to a criminal case, then the government may require them to reveal their sources.

8.  The Establishment Clause: This forbids the government from setting up a state religion, preferring one religion over another, or passing laws that aid or promote religion. (Do holiday displays violate the Establishment Clause?) (What about prayer in school?)  The Free Exercise Clause: This protects the right of individuals to worship as they choose. > However, while religious belief is protected, actions based on those beliefs may be restricted. (Can Wisconsin force Amish children to attend school until age 16?)