JOURN 4000 1st Edition Lecture 15Outline of Last LectureI. Exercising rightsa. Mike Brown caseb. Public forumsc. Abortion cases Outline of Current LectureI. Content based restrictionCurrent LectureStrict scrutiny:-Public forum-Content-based restriction 2-part test:1. Significant government interest 2. Narrow tailoring-Also, ample alternativesSolicitations 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 zoneParks Chicago legalization of marijuana permits to use city parks specific resaons to deny permitsBrown 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 library1987- 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 rulesO’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 government2. Further an important gov. interest3. Gov. interest has to be unrelated to suppression of expression4. Incidental restriction is narrowly tailoredFlag 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
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