Comm Law Book Notes
Comm Law Book Notes JRLC 5040
Popular in Communication Law
Popular in Journalism and Mass Communications
This 20 page Study Guide was uploaded by Jazmyn D Matthews on Sunday February 7, 2016. The Study Guide belongs to JRLC 5040 at University of Georgia taught by Professor Middleton in Spring 2016. Since its upload, it has received 75 views. For similar materials see Communication Law in Journalism and Mass Communications at University of Georgia.
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I was sick all last week and these notes were exactly what I needed to get caught up. Cheers!
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Date Created: 02/07/16
Book Notes Chapter 1: ● “Law is the system of rules that govern society.” ○ Helps regulate behavior, settle disputes, limit the government’s power to interfere with individual rights. ● Law comes from 6 sources: (CASTLE) ○ Constitutions ■ Constitutions are the supreme law of the land; federal and state constitutions overrule any other declarations of public policy; Supreme Court has the final say always ■ The Bill of Rights does its best to protect the rights and liberties of US citizens against government infringement ■ It’s hard to amend the Constitution so it’s not done often. How to amend it: proposal of 2/3 of both houses of Congress and a convention by ¾ of state legislatures or it can be ratified by ¾ of state legislatures or constitutional conventions in ¾ of the states ■ ○ Statutes ■ Law made by statutes passed by legislative bodies; comm law includes advertising, copyright, electronic media, obscenity, and access to governmentheld information ■ Anyone can make suggestions in the process of statutory law ■ Judges interpret the statutes ■ Supremacy Clause says that state law cannot supersede federal law (preempt) ○ Administrative Rules and Regulations ■ Administrative Law is rules and decisions of administrative agencies such as the Federal Communications Commissions and the Federal Trade Commission ■ These commissions are named by the President and they are subject to approval by the Senate and selects the agency’s chairperson ■ Agencies do things like make rules, adjudicate, and perform executive branch functions when they enforce rules against a firm or individual ■ When agencies are challenged, they are challenged on the ground that: the agency has exceeded its statutory authority, it’s arbitrary and capricious, or it shows unconstitutionally ○ Executive Actions ■ The President executes his power from Article 2 of the US Constitution, but his greatest power comes from his power to nominate judges to the federal courts because they interpret the constitution and determine the boundaries and he can nominate members of several administrative agencies ○ The Common Law body of law developed from custom and tradition as recognized by judicial decisions. Common law is largely based on previous court decisions. ■ Common law is the accumulation of ruling made by the courts in individual disputes ■ Precedents also make up common law; precedent is an establish rule of law set by a previous court opinion. The precedent usually comes from a case involving similar facts and raising similar issues as the case at hand. ■ Stare decisis is the foundation of common law and is usually the doctrine that judges should rely on when deciding cases in similar factual situations ■ Common law gives judges five options when they consider a case: AMINO ● They can apply a precedent directly ● Modify a precedent to fit new facts ● Establish a new precedent by distinguishing the new case from previous cases ● Overrule a previous precedent as no longer appropriate ● Ignore precedent altogether ○ Law of Equity a source of law that allows courts to fashion remedies appropriate to the case at hand. The law of equity enables courts to provide legal remedies other than money damages. COURTS ● “There are 52 court systems: the federal system, a system for each state, and another in the District of Columbia” ■ Appellate Court Court that reviews the actions of a lower court after an appeal by one of the parties in a case. Appellate courts consider only errors of law or legal procedure and do not reevaluate the facts of a case. ● Jurisdiction the authority of a court. A court has jurisdiction over a person when that person must obey the order of the court. A court has jurisdiction over subject matter when constitutions or statutes gives the court the power to decide cases relating to the subject ● Court of Original Jurisdiction A court of original jurisdiction is the first court to decide a case, rather than a court hearing a case on appeal. ○ Trial courts examine the facts or evidence in a case and then apply the appropriate law. Only court to employ juries. ● Appeal Asking a higher court to review a lower court’s decision. ● Their responsibility is to ensure that trial courts use the proper procedures and apply the law correctly. ○ Judges decide primarily on records and briefs along with arguments from both sides. ● Remand When an appellate court sends a case back to a lower court, directing the lower court to decide the case consistent with the higher court’s opinion. ● An appeal of a federal district court decision will ordinarily be considered in one of the 13 circuits of the US Courts of Appeals. ● En Banc A French term used when all of the judges of an appellate court decide a case. More typically, a single judge or a small number of judges, called a panel, decide a case. SUPREME COURT Supreme Law of the Land ● It can exercise both original and appellate jurisdiction, but it is primarily an appellate court. ○ The Court has the last word in the interpretation of federal law, so the Court’s appellate duties make it one of the most powerful institutions. ● “The nine Supreme Court justices, like all federal judges, are appointed by the President and confirmed by the Senate.” ○ Justices are appointed for life, or as long as they choose to remain on the Court and can only be removed by impeachment. ● Conservative vs. Liberal Justices ○ “Conservatives tend to interpret constitutional rights more narrowly than liberals and tend to favor states rights over central government regulations and to support individual property rights.” ○ “Liberal justices are more concerned about protecting individual civil rights (free speech and press) and are usually more willing to recognize new constitutional rights not explicitly stated in the Bill of Rights, and to increase access to government information.” ● Writ of Certiorari The name of a writ asking the US Supreme Court to review a case. If the writ is granted, the Court will order the lower court to provide record of the case for review. The Supreme Court isn’t there to correct what the lower courts have done wrong. They’re there to make sure they’ve made the right decision and acted constitutionally. ● Justices often write their own concurring or dissenting opinions to explain their votes ○ Concurring opinion An opinion written by an appellate court judge stating why the judge agreed with other judges. ○ Dissenting opinion An appellate judge’s opinion explaining the judge’s disagreement with the court majority’s decision. ● Sometimes none of the draft opinions presented to the Court attracts the five votes necessary for a majority, which leads the plurality opinion of the Court. Plurality With reference to the US Supreme Court, the opinion that is supported by more justices than any ○ Prior Restraint Restriction on expression before publication or broadcast by injunction, agreement, or discriminatory taxation. First Amendment doctrine favors punishment after publication instead of prior restraint. STATE States hear a lot of cases such as criminal and libel. They hear more of the minor cases and the Supreme Court hears the bigger ones. LITIGATION ○ Burden of proof The responsibility imposed on one side in a legal conflict to prove its version of the facts. ○ Tort a legal wrong, other than a crime or a violation of a contract, that is committed by one person against another. Torts include libel, invasion of privacy, and trespass. Relief for a tort is usually sought through monetary damages. ○ Damages Money awarded to a winning plaintiff in a civil lawsuit. ○ Plaintiff the party bringing the lawsuit; the person complaining. ○ Defendant In civil law, the party against whom a lawsuit is brought. In criminal law, the party accused of a crime by the state. ○ Summary Judgement a ruling by a judge that there is no dispute of material fact between the two parties in a case, and that one party should win the case as a matter of law. A summary judgement precludes the need for a trial. ● Discovery The process before a trial of gathering information that can be used as evidence in a court case. Discovery includes the exchange of information by the two parties to a case. ○ Subpoena A court document requiring a person to appear in court and testify at a given time and place. ● A jury trial is required if the two parties disagree on the facts of a case and one of the parties insists on a jury. ● Once a judgement has been recorded in a case, either party can appeal. ○ Petitioner a person who petitions a court to take action, including the initiation of a civil suit or the initiation of an appeal. ○ Respondent an appeal, a party opposing the grant of a petition before a court ○ Probable Cause a legal standard used by judges, police officers, and grand juries to determine whether there are reasonable grounds for believing that a person committed a crime ○ Indictment An accusation issued by a grand jury that charges an individual with a crime and requires the person to stand trial. CHAPTER 2 ● Despite the categorical prohibition against government interference, the First Amendment does not establish an absolute freedom for citizens to speak and publish. ● There is not an allencompassing theory of freedom of expression that has emerged. Attainment of Truth ● People argue that freedom of expression: ○ Aids the search for truth ○ Speeds the search for truth ● Milton (MARKET) ○ Marketplaceofideas metaphor “Just as shoppers in the marketplace of ideas are said to seek the best products, participants in the marketplace of ideas are said to seek the most original, truthful, or useful information. Consumers of ideas must be wary that they do not accept inferior goods. In theory, good ideas will prevail in a free market.” ● Mill ○ Believed truth had no chance to prevail without freedom of expression ○ If a correct statement is suppressed, people are “deprived of the opportunity of exchanging error for truth.” ○ ○ Meiklejohn (fullest pronunciation) ○ Freedom of expression is to be valued primarily for its contribution to governance ○ The purpose of free speech “is to give every voting member of the body politic the fullest possible participation in the understanding of those problems with which the citizens of a selfgoverning society must deal.” ○ Believed that voting was the key act of self governance. Blasi argues that freedom of expression serves primarily to further democratic governance. ○ It should be valued as a check on abuses of governmental authority. ○ “Freedom of expression as exercised by the larger media, is a countervailing power to federal, state, and local governments.” ○ “(John Locke) Natural law posited that people are born with fundamental rights of life, liberty, and property, rights that the government is bound by contract with its citizens to protect.” ● Absolutism a theory of freedom of expression holding that the First amendment prevents all government interference with speaking or publishing. The absolutist position is associated with Justice Black. ○ The Court’s majority has concluded that there are times when freedom of expression must give way to other personal and social interest such as national security or public tranquility ● The First amendment does protect 2 kinds of speech absolutely: ○ Speech critical of the government ○ Broadcasters are protected from libel suits that may arise out of broadcasted political ads for which they are required to provide equal opportunities of equal access ● Among the most important judicial practices guaranteeing maximum freedom of expression are: FBJ ○ Judicial review ○ First Amendment due process ○ Bias against regulating expressive content ● Fourteenth Amendment Amendment to the Constitution making states, in addition to the federal government, liable for violation of rights protected by the Bill of Rights. A state government that violates the Bill of Rights usually also violates a citizen’s right of due process guaranteed by the 14th Amendment. ○ Prohibits any state from enforcing a law that would: ■ Abridge the privileges or immunities of citizens of the US ■ Deprive any person of life, liberty, or property, without due process of law ■ Deny any person equal protection of the laws ● First Amendment Due Process First Amendment procedural requirements that the government justify prior restraints and other restrictions and that hearings be held at which restrictions may be contested. ○ “Requires the government to prove that speech is unprotected by the First Amendment rather than requiring the media to prove the expression is protected.” Content Regulations ● Judges subject content regulations to an analysis called strict scrutiny to ensure that the regulations on protected content are: ○ Justified by a compelling government interest ○ Narrowly drawn so as to impose the minimum abridgment of free expression ● “The constitution is more tolerant toward contentneutral regulations that may impinge slightly on freedom of expression but are not aimed at regulating the content of the speaker’s expression, only the time, place, and manner of expression, as well as on advertising and other non political communications.” ● Content Regulations The regulation of expression based on what is said as opposed to where or when it is said. First Amendment doctrine predisposes courts to consider content regulations unconstitutional. ○ Courts adopt a skeptical attitude of “prove to me there is nothing unconstitutional about this regulation.” ● Viewpoint Discrimination Unconstitutional government regulation of speech expressing a particular view on a subject ○ Ex: Lamb’s Chapel vs. School District & Synder vs. Phelps ● Sometimes justices disagree whether a regulation is aimed at content, and therefore must be subjected to strict scrutiny; or is contentneutral, and therefore will be acceptable if the law serves a substantial, but not compelling, government interest. ● “An overbroad or vague law that restricts freedom of expression can be challenged ‘on its face’ because the very existence of the law may curtail freedom of expression.” Vagueness The doctrine by which courts determine that law are unconstitutional because average persons would not know ahead of time whether their expression would violate the law. ○ Overbreadth First Amendment doctrine by which courts determine that legislation is unconstitutional because it restricts more expression than necessary. ■ Stops unprotected speech legitimately but also stops protected speech TESTS ● Badtendency Test A discredited judicial test halting or punishing speech that present only a remote danger to a substantial individual or social interest ○ It is unconstitutionally vague because it fails to warn a speaker when speech may be punished ClearandPresentDanger Test A judicial test that, if applied literally, halts or punishes expression only where there is objective evidence of an imminent substantial danger to individual or social interests ● In Brandenburg v Ohio, the Court employed a variation of the clearand presentdanger test requiring that speech be punished only if it incites lawless action. ○ The conviction was overturned because the statute permitted convictions for “mere advocacy” of illegal action at some distant time. Balancing Test ● “It is the duty of the courts to determine which of the two conflicting interest demands the greater protection in particular circumstances.” ○ Ad Hoc Balancing A judicial weighing, case by case, of reasons for and against publishing to determine whether expression may be halted or punished. Ad hoc balancing is flexible but unpredictable because it relies on previous cases or set standards. Definitional Balancing – ○ Reduces the vagueness of ad hoc balancing by providing defined standard that can be applied in similar cases. ○ Actual Malice In libel, publication with the knowledge of the falsity of a story or with reckless disregard for the truth. The US Supreme Court has said that both public officials and public figures must prove New York Times actual malice in order to win libel suits. “In the constitutional hierarchy of content, the most favored speech is political and social content, the regulation of which must be subjected to strict scrutiny.” ○ “Less protected are advertising and nonobscene sexual expression, the regulation of which is subjected to more relaxed scrutiny or intermediate scrutiny.” ○ “Excluded from constitutional protection are false advertising, fraud, child pornography, fighting words, and true threats.” ○ The constitution “looks beyond written or spoken words as mediums of expression.” ● The Constitution tolerates more regulation on advertising and pornogrpahy because they are supposedly less valuable than political speech. ● Because of the hardiness and verifiability of commercial speech, there is less reason to tolerate inaccurate or misleading commercial speech than to tolerate false political speech, which is less verifiable. ● “Nonobscene sexual films, plays, and magazines may be examined for obscenity before distribution, whereas political and other more highly valued expression may not.” ○ Display of these material can also be restricted to certain zones without violating the First Amendment. Fighting Words ● Speech that contributes nothing to selffulfillment or to the robust debate that the First Amendment is supposed to foster is not protected by the First Amendment ● Hate speech consists of written or spoken words that insult and degrade groups identified by race, gender, ethnic group, religion, or sexual orientation. ● “The Supreme Court has ruled that most expression of bigotry and prejudice is political speech protected by the First Amendment.” ● Fighting Words Unprotected words that by their very utterance inflict injury or tend to incite an immediate breach of the peace. ○ NOT protected by constitution. ○ They are prohibited because they provoke a breach of peace, not merely because their content offends (inyourface provocations to violence) ● The Supreme Court has ruled that crimes that do not involve speech may be more severely punished if they are motivated by racial and ethnic bias. True Threats ● A true threat is speech or symbolic expression “intended to create a pervasive fear in victims that they are a target of violence” ○ The Elonis Case, currently before the Supreme Court, will define what is a true threat on the Internet. It has YET to be defined on the Internet. ● Watts v United States Courts ruled Watts, an opponent of the Vietnam War, had not threatened the life of the President when he told a discussion group rally that he might shoot Lyndon B Johnson. This was followed up by laughter from the crowd and insinuated that no real harm was to come to LBJ by the hand of Watts. It merely presented political speech. US vs Jeffries is also an example. Adults ● (Strongest Right) Speaking and Publishing The right to speak and publish is basic to freedom of expression, including “public forums,” symbolic forms of expression, and anonymous speech. ● Associating “ A citizen has a first amendment right to associate with other including rights of assembly, speech and petition; associations are protected from government interference.” Receiving Information It protects the interchange of ideas, including commercial advertising and broadcasts. ● Compelling Speech “the right to speak and the right to refrain from speaking are complementary components of the broader concept of ‘individual freedom of mind.’ ” FORUMS ● Public Forums Public property dedicated to public discourse, such as a speaker’s corner, or public property traditionally open to public debate, such as streets and sidewalks. The law also recognizes a nonpublic forum in public property, such as an army base, dedicated to purposes other than free speech. ● Kinds of Public Forums ○ Traditional speakers generally have as much right to discuss ideas and distribute information in traditional public forums as they would in their own front yards; reasonable regulations on loudness and hours of speech can be imposed; ex. Streets, parks, and other public places ○ Dedicated/Limited property that the government intentionally designates for public discourse; government can limit the dedicated forum to certain speakers and topics in order to preserve the purpose for which the forum was created; ex. municipal auditorium, bus system ad spots, ex. Tate Plaza stage ■ The Red & Black is not a dedicated public forum because it is a private company, not paid by the government. ■ UGAZine is not university funded, it is a student activities magazine so it would not be a public forum ○ Nonpublic property that is neither traditionally open for public debate nor dedicated by policy to public disclosure; The government “has power to preserve the property under its control for the use to which it is lawfully dedicated”; ex. military based ○ Things like shopping centers and airports aren’t considered public forums. ● Government Employees “government officials have a right to communicate with the public through press conferences, releases, state of the union addresses, public reports, and paid public notices.” ○ Bland vs Roberts speech as a private citizen ■ Violation of deputies’ free speech rights when Sheriff Roberts fires them for “liking” FB profile of opposing sheriff candidate/”Liking: someone on FC is like placing a campaign sign in the yard. ○ Government employees have no First Amendment protection if employers retaliate against them for statements made “pursuant to their official duties” as opposed to protected statements that contribute to “civic discourse.” ■ Garcetti v Ceballos ■ Churchill Case ○ Whistleblower Protection Act is supposed to protect federal employees from retaliation if they reveal violations of law or regulations, gross mismanagement, waste of funds, abuse of authority, or substantial danger to public health or safety. ■ To take complaints of fraud and mismanagement through official channels Edward Snowden is a huge example. ■ BASICALLY employees may be protected if they reveal mismanagement and illegalities in the workplace, but government and private employees are not protected if they leak confidential information about the competitive practices of private businesses or the foreign policy and security practices of government. ■ Journalists are never punished for publishing leaked information ● Students High school officials can regulate student speech that is disruptive, lewd, or otherwise “inappropriate” in campus newspapers, school assemblies, and other “school sponsored” settings. First Amendment rights don’t apply in a private school ● High Schools ■ Theoretically, Administrators can impose almost any “reasonable” regulation on schoolsponsored student expression including bad taste, faulty grammar ,and provocative ideas. ○ High school officials can regulate schoolsponsored speech that is disruptive or simply vulgar, but courts have upheld the right of students to post offensive but not disruptive speech off campus. “Courts have ruled that high school officials may punish off campus student speech that poses a true threat, bullies, or presents a potential of disruption.” ● State College and Universities Speech is protected as long as it isn’t disruptive. ○ Cable operators are licensed by local government but cable program channels are generally subject to minimal government control because people pay for it much like newspapers and the internet. CHAPTER 3 ● “The law of public communication favors punishing the dissemination of harmful expression, not censoring speech (prior restraint) before it is disseminated.” ○ In legal terms, “1st Amendment doctrine presumes that prior restraints on publication are unconstitutional.” Because of the presumption that prior restraints are unconstitutional, “the courts will strictly scrutinize any proposal to restrict dissemination of news or information.” ● Prior restraint: ○ Brings about a wider range of expression under government scrutiny ○ Prevents ideas from circulating ○ Prevents the public from judging the worth of repressed ideas and offering criticism that might strengthen weak proposals ○ Near v. Minnesota comes into play here ○ Injunction Order from a court telling a person or company to perform or refrain from some act, such as publishing. An injunction is an equitable remedy. ○ Unconstitutional because it permitted courts to enjoin publication of expression critical of public officials. ● Prior restraints may take many forms: injunctions, licensing, contracts or other agreements, and in discriminatory taxes. Pentagon Papers (important) ○ President Nixon sought injunction on the grounds that “continued publication would cause irreparable danger to the national interest” (it would prolong the war and disrupt the administration’s diplomacy with China). ○ Demonstrates the Supreme Court’s unwillingness to grant prior restraints on political speech when” the government cannot make a clear showing that publication will cause a severe harm an immediate, irreparable danger to national security.” ○ Point of Law: Government violates the 1st Amendment if it seeks prior restraint on publication without first meetings its “heavy burden” to overcome the presumption against the constitutionality of prior restraint. ○ Government must meet a “heavy burden” prove clear and present danger to justify prior restraints ○ Newspapers are allowed to publish stolen, confidential documents without punishment ○ First Amendment protections against prior restraints are NOT absolute ● Federal court in Wisconsin stopped Progressive publication of an article about the hydrogen bomb, which described in general terms how easy it might be to build a bomb. (practice test question) PrePublication ● “The government may prohibit employees from divulging information that would jeopardize national security, reveal business secrets, or invade privacy.” ● Federal employees must sign nondisclosure forms prohibiting disclosure of “classified” and some “classifiable” information. ● The CIA and their nondisclosure agreement is a good example. Military Security Review Prepublication review by military officials of wartime press reports to ensure classified information is not disclosed. ● “Licensing by administrators that is unbridled is unconstitutional.” ○ Ex. If the Local mayor deny permits only because they need to protect the “public welfare,” the statute would be unconstitutional because it is too vague and allows arbitrary power to the government ○ Shuttleworth vs City of Birmingham Parade ordinance denying parades that were harmful to the “public welfare,” “morals,” or “good order” was found unconstitutional because it gave officials the absolute power to prohibit parades that contained content they disagreed with. (What kind of discrimination comes into play here?) Motion Pictures ● The Court has ruled that local government may license motion pictures as a means of dealing with the “peculiar problems” posed by the film medium. ○ It must follow stringent procedural protections and licensing standards must not be unconstitutionally vague. ● Interstate Circuit Inc vs Dallas Court found unconstitutionally vague a municipal licensing scheme that classified films as “suitable for young persons” and “not suitable for young persons.” Broadcasting ● The medium of mass communication receiving the least amount of First Amendment protection is broadcasting. ○ The government cannot compel newspapers to provide space to political candidates, however broadcasters are required to provide airtime to federal candidates. ● Red Lion Broadcasting Co v FCC ○ It is constitutional to require shared speech on broadcast stations. (This has been repealed and present day does not allow this type of requirement) Cable ● Because local cable signals are not sent “over the air” through the broadcast spectrum, cable operators are not required to obtain broadcast licenses from the FCC. ● Congress has enacted several statutory provision relating to cable franchising: ○ It is constitutional to require them to pay fee to the city or county. ○ Cable operators are required to have a franchise, but local government may not grant an exclusive franchise. ○ “Local government may require cable operators to set aside channel capacity for public, educational, and government access channels.” ○ No specific programming service is required Franchising authorities can not require a particular program service, such as CNN or ESPN. Internet ● Unlike licensed media such as broadcasting, the First Amendment fully protects the Internet. ● Not really considered “invasive” because the Internet is used voluntarily; it doesn’t just show up unless people don’t want to find it Discriminatory Taxation ● A discriminatory tax, or a “tax on knowledge” as it was called in colonial times, is not a prior restraint on a specific story, but a tax on the press may be considered a prior restraint because it curtails publishers’ ability to disseminate information and consequently citizens’ ability to receive it. ● It is unconstitutional Punishment after Publication ● If a postpublication penalty chills the publication of constitutionally protected speech, the First Amendment is violated. As long as truthful information is obtained legally, it’s not considered unconstitutional ● Bartnicki v Vopper Court held that a radio talk show host acted lawfully when he received a copy of a recording of a telephone conversation that was illegally recorded by someone else. ● Florida Star v BIF police officials mistakenly gave the name of a rape victim to a reporter, the Court held that the receipt of this information the press was lawful. ○ Privacy interests did not outweigh the right of the press to publish truthful information ● If you have to trespass to gain information, that is not considered constitutional CONTENT ● Although content restrictions will generally be found unconstitutional under the strict scrutiny courts engage in,” contentneutral regulations are subject to a less rigorous ad hoc balancing process.” ● Time, place, and manner test Regulation of where and when expression is made as opposed to what is said. First Amendment doctrine is more tolerant of time, place, and manner restriction than of content regulations ○ First assess whether regulaton is contentneutral, that is whether the government has adopted the regulation to control something other than the message conveyed by expressive activities. ○ Second, court assess whether the regulation is narrowly tailored to serve a significant governmental interest, such as preserving park property or keeping streets clean. ■ Regulations must only have must have only incidental impact on speech ○ It also asks whether the regulation leaves open “ample” alternative channels for communication ContentNeutral cases ● Military Mobilization United States v O’Brien Court upheld a military draft law prohibiting men from destroying or mutilating their draft cards, even when it was applied to a Vietnam war protester who publicly burned his draft card. ● Protect Park Property Clark v Community for Creative NonViolence Law banned sleeping in parks. Court held that this law did not violate the First Amendment rights of protesters who sought to sleep in Lafayette Park to protest the Reagan Administration’s policies and to portray the plight of the homeless. The argument was the safety of the park TAILORING ● After determining that a regulation is contentneutral, courts ask whether the regulation is narrowly drawn to advance a significant or substantial governmental interest, which is divided into 3 parts: ○ Substantial Government Interest ■ The court “requires a compelling governmental interest in contentbased exclusion from a public forum cases involving a serious restriction on First amendment rights.” ■ Contentneutral restriction requires significant or substantial government interest. ○ Advancing the Interest ■ “The Court defers to the judgement of legislators or other officials as the efficacy of a regulation.” ○ Narrowness ■ “A time, place, and manner regulation is narrowly tailored as long as the method of regulation does not capture behaviors unrelated to the interest the state seeks to protect.” ■ Limit Disturbance of Neighborhood Ward v Rock Against Racism ● Protect Women Entering Clinic from Harassment McCullen v Coakley ○ There is a law in Massachusetts that prohibits protestors from stepping within 35 feet of the entrance of reproductive health care facilities, which was ruled unconstitutional by all justices. ○ 5 justices found it unconstitutional because it was too broad, not narrow enough. (Maybe if it were 20 ft, it may be constitutional, but they did not rule what footage would be) (Not narrowly tailored enough) ○
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