a) unprotected (predefined categories)
i) advocating illegality
iv) fighting words
v) fraudulent misrepresentations
b) Content Based [must also be protected => subj. to strict scrutiny (presumed unC’al)]
i) compelling gov’t objective
ii) as narrowly tailored as possible (necessary)
c) Content neutral
i) significant government interest
ii) narrowly tailored (need not be lease restrictive means)
iii) leaves open alternative channels for communicating the information
d) Time, place & manner regulations: applies to pure speech & expressive conduct
ii) narrowly tailored
iii) to serve a significant government interest
iv) leaves open alternative channels for communication
e) overbreadth: a statute must pass muster for all the speech it regulates;
i) e.g. if it regulates fighting words, but also regulates protected speech, the part of the statute that regulates protected speech must pass the applicable test (strict or intermediate scrutiny, depending on content based or neutral regulation)
ii) exception to standing: if only the fighting words part of the statute is applicable to the P, usually the P wouldn’t have standing to assert the rest being unC’al, but for 1st am, he can.
f) Facially and As Applied: any law can be facially invalid (no blacks can have parades) or unC’al as applied to the P (city manager won’t give black groups parade permits).
i) government interest: is it a captive audience
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