Communication through Conduct

Question 1

Communication through conduct

Answer 1

Conduct is analyzed as speech protected under the First Amendment if (1) there is the intent to convey a specific message, and (2) there is a substantial likelihood that the message would be understood by those receiving it.

Question 2

O’Brien Test to see if a government can restrict conduct

Answer 2

1. is the conduct within the constitutional power of the Government;
2. Does the conduct furthers a legitimate governmental interest;
3. Is the governmental interest unrelated to the suppression of free expression; and
4. Is the restriction on an alleged 1st Amendment freedom, no greater than is essential to the further that interest.

Question 3

Money

Answer 3

1. Money IS Speech NOT Conduct thus a restriction on political spending is a restriction on speech.
2. Apply Strict Scrutiny

Question 4

Contribution

Answer 4

Giving money to candidates -Courts has limits on how much you can give (reasonable)

Question 5

Expenditures

Answer 5

A. Limitation on how much money you spend during a campaign (Everything relating to a campaign)

B. Today, courts say that putting a limit on expenditure is unconstitutional

Question 6

Corporations

Answer 6

Corporations and unions can contribute and spend large sums of money to sway elections and impact the political process.

The court in Citizens United held:
1 Money and political spending can be equated with protected speech; (2) corporations can be considered as natural persons with 1st Amendment speech rights; (3) BCRA”s restriction on corporate spending violated the 1st Amendment.