1 / 5

Restricting Symbolic Expression: The O’Brien Test

Restricting Symbolic Expression: The O’Brien Test. Govt. regulation of symbolic speech is justified if: it is within the constitutional power of govt. if it furthers an important or substantial govt. interest if the govt. interest is unrelated to the suppression of the free expression

keita
Télécharger la présentation

Restricting Symbolic Expression: The O’Brien Test

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Restricting Symbolic Expression: The O’Brien Test • Govt. regulation of symbolic speech is justified if: • it is within the constitutional power of govt. • if it furthers an important or substantial govt. interest • if the govt. interest is unrelated to the suppression of the free expression • if the incidental restriction on the alleged First Amendment freedom is no greater than essential to the furtherance of that interest

  2. Time, Place, and Manner Restrictions (TPM) • Recognizing the multi-dimensionality of messages (content and context) • Early position--Davis v. Mass. (1897) • public spaces held in trust • Hague v. CIO (1939)--the door opens, “no arbitrary suppression of free expression”, govt. does not have unlimited power to regulate expression in public fora

  3. Schneider v. State, (1939) + 3 others • 3 important elements • cities can regulate door-to-door speech, but must be reasonable • littering is an insufficient justification for limiting speech • look to alternatives (less restrictive means) • Cantwell v. Connecticut (1940)--preventing fraudulent solicitation for a religion does not justify a licensing system

  4. Contemporary TPM Tests • the restrictions are justified without reference to the content of the regulated speech--the content neutrality test • the restrictions are narrowly tailored to serve a significant government interest--the least restrictive means test, does it further the govt. interest, is the interest significant or substantial? • the restrictions leave open ample alternative channels for communication of the information--how much (and a what price) is acceptable, what if the medium is the message?

  5. What’s protected? demonstrations where the assembly meets marching in the streets airports What’s not protected? Courthouses/jailhouses blocking entrances to govt. buildings schools in session military bases mass transit advertising residential picketing TPM Restrictions in Use

More Related