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Limits to the Freedom of Speech

Limits to the Freedom of Speech. Time, Place, & Manner Restrictions Symbolic Speech. Time, Place, & Manner Restrictions. Gov’ts cannot regulate CONTENT (the “what”) of speech, but they can regulate the time (when), place (where), and manner (how) of speech.

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Limits to the Freedom of Speech

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  1. Limits to the Freedom of Speech Time, Place, & Manner Restrictions Symbolic Speech

  2. Time, Place, & Manner Restrictions • Gov’ts cannot regulate CONTENT (the “what”) of speech, but they can regulate the time (when), place (where), and manner (how) of speech. • Does not matter what the content of the speech is for the gov’t to step in • Courts must first determine if the site in question is a public forum

  3. Scenarios • A city ordinance prohibits posting signs on public property such as utility poles, traffic signs, and streetlights. • A regulation prohibits people from sleeping in federal parks, even though the sleeping is part of a demonstration against homelessness. • A federal regulation prohibits public radio stations from airing editorials • An ordinance prohibits commercial billboards within the town limits.

  4. Scenarios • A town ordinance prohibits picketing outside abortion clinics. • A city ordinance prohibits political or religious organization from passing out leaflets or asking for donations inside the airport terminal.

  5. Symbolic Speech • Symbolic Speech: Conduct, or actions, that express an idea • Sit-ins, flag-waving, demonstrations, armbands, etc. • Most actions can be said to express ideas in some way, but only some actions are protected as symbolic speech • Court asks: “Did the speaker intend to convey a particular message, and was that message likely received by those who viewed it?”

  6. Symbolic Speech • In order to punish symbolic speech, gov’t must show it has an important reason to do so • That “reason” may NOT be mere disapproval

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