1. Individual Rights and Freedoms

2.  Commercial ◦ Advertised, as different from individual-not fully protected ◦ Does not receive the same protection in court as political speech  Obscenity ◦ Anything that treats sex or nudity in an offensive way; lacks serious artistic, political, literary, or scientific value is not protected ◦ Problem: Who decides what is obscene? Whose values?

3.  Fighting Words ◦ Hate speech, threats, abusive ◦ Like a verbal slap to face ◦ Value is outweighed by society’s interest ◦ Still can be protected  Courts weigh vagueness & overbreadth ◦ Not specific enough can be struck down by court ◦ Too broad and overinclusive laws on speech may be struck down

4.  Speech has many forms: ◦ Verbal ◦ Non-verbal:  Flag-waving, demonstrations, wearing armbands, protest buttons, signs, etc…  Only some conduct is protected as symbolic speech  Does it convey a message?  Was message understood?

5. 1. Clear and present danger – Courts examine circumstances of the speech and when/how made. 2. Balancing Test – Courts balance interests in conflict & which is higher in importance 3. Incitement Test – Courts examine, did speaker provoke?

6.  What prohibits publication? ◦ Gag Order – Issue by court preventing publication when it could conflict with individual rights – tough decision because whose rights outweigh the other? Individual v people’s right to know ◦ Prior Restraint – 3 factors must be present: 1.Publication could cause harm 2.No less means would prevent harm 3.Restraint would be effective in preventing harm

7.  Establishment Clause - state can’t establish one religion like Christianity or Islam  Endorsement Tests: 1.The challenged law must have a non- religious purpose 2.Primary effect of law can’t advance or prohibit religion 3.Can’t foster excessive gov’t involvement  Free Exercise Clause – how a person or group practices the law ◦ Belief – usually protected ◦ Actions – may be protected

8.  Roe v Wade – 1973 ◦ Woman’s right to choose to have an abortion protected ◦ Webster v Reproductive Services – 1989  Privacy issue