JOURN 4000 1st Edition Lecture 15 Outline of Last Lecture I Exercising rights a Mike Brown case b Public forums c Abortion cases Outline of Current Lecture I Content based restriction Current Lecture Strict scrutiny Public forum Content based restriction 2 part test 1 Significant government interest 2 Narrow tailoring Also ample alternatives Solicitations protected speech Hare Krishnas at airport terminals Supreme Court said they did not have a right to seek donations Impede flow of airport terminal not public forums Solicitations in post offices ban on solicitation City buses no discrimination no political ads etc These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Change the Climate Can t demean other religions Advertising on school buses Voting 25 feet in Missouri no soliciting campaign free zone Parks Chicago legalization of marijuana permits to use city parks specific resaons to deny permits Brown vs Louisiana 1966 Segregated libraries Arrested for breech of peace SC overturned conviction Public library is public forum so long as protest wasn t inconsistent with primary purpose as a library 1987 Shantytown on the Quad Is it a public forum Students arrested for trespassing Defendants won Quad is a public forum Protesting is a right but there are ground rules O Brien Case protesting the draft on courthouse steps public forum Burned draft cards form of symbolic speech federal crime to do so If government regulation impacts expression it has to pass the O Brien test 1 Regulation is within Constitutional power of government 2 Further an important gov interest 3 Gov interest has to be unrelated to suppression of expression 4 Incidental restriction is narrowly tailored Flag burning 1989 Texas vs Johnson Denouncing Reagan Convicted of desecration of venerated object Flag burning was expressive conduct Flunked 3rd part of O Brien test Cannot suppress just because society finds it disagreeable Flag Protection Act of 1989 Amending the Constitution is the only way flag burning could be protected Nude dancing as a form of symbolic expression Can it be prohibited yes Glenn Theatre case 1991 can prohibit nude dancing Related to public nudity City of Erie vs Kandyland Applies O Brien test to justify ban of nude dancing mooning as symbolic speech Mercedes case only indecent exposure if genitals are exposed Content based speech content neutral is city state free to do any restriction no
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