Prior Restraints

Question 1

what is prior restraint

Answer 1

when the gov stops you from saying something

Question 2

key takeaway from near

Newspaper wrote a paper that gov in MN was corrupt and running a bootlegging operation

MN statute allows for an injunction

was the statute a permissible prior restraint?

Answer 2

no; can only issue it in exceptional cases ; Only can have prior restraint for compelling government interest, like national security

Question 3

what is the standard of review for a prior restraint

Answer 3

SS; Restriction must be narrowly tailored and serve a compelling government interest

Question 4

what is the restriction on a prior restraint

Answer 4

the restraint on speech cannot be content based and overly inclusive (see simon & Shuster)

Question 5

simon & Shuster key takeway

Son of sam law

After the serial killer was arrested, people began to sell stuff and books about the crime

Son of sam law prohibited those who commit crimes from getting compensated

Issue? → its a prior restraint that can only stand if it passes SS

Answer 5

while there was a compelling intrest re stopping crime, it was not narrowly tailored because it would encompass alot of different types of media like a book written by Malcom X

Question 6

key takeaway from Bank julius Baer

Wikileaks created a website to leak untraceable material, leading Julius Baer Bank and Trust Company to sue in federal court. Baer sought a temporary restraining order to stop Wikileaks from disseminating private banking records, which the court granted, along with a permanent injunction disabling the Wikileaks domain.

Answer 6

A court must consider the likely efficacy of an injunction in serving its intended purpose to decide whether it is proper to issue the injunction

Question 7

key takeaway from Grosjean

Imposed a tax on newspapers that had a circulation of 60k

Gov put it into place knowing it would punish newspapers he didn’t like

Answer 7

Government cannot place a selective tax on just newspapers that it does not like – can have a general tax, but cannot be selective

Question 8

keytakeaway from Tinker

black armband in school protest

Answer 8

School cannot prohibit student speech unless it materially/SSLY disrupts educational mission or invades rights of other students

Question 9

key takeaway from Fraser

(lewd speech in the school)

Answer 9

School can restrict student speech if its lewd/offensive

Question 10

key takeaway from Hazelwood

student written arcticle that had some of the stories taken out

Answer 10

Schools can regulate school sponsored and curricula speech is there is a legit pedagogical concern

School was allowed to remove student articles from the school newspaper because there was a legit edu concern

Question 11

key takeawy from morse

Bong hits for jesus

Answer 11

School can censor and prohibit speech reasonably regarded as encouraging illegal drug use

Question 12

key takeaway from Mahoney

the snap story w the cheerleader

regulation of student speech off campus

Answer 12

Presumption against regulation of off campus speech

Off campus speech can be regulated if there is a nexus between the off campus speech and on campus activity

The school could not regulate the speech at issue in this case – the vulgar comments on snapchat post did not impact the school… even though comments were about school activities, it did not impact the school directly

Question 13

key takwawy from Darino

One case where student wore Trump shirt about boarder and one case where students wore American flag shirts on Cinco de Mayo

can the school restrict?

Answer 13

Trump shirt – political statement… school had sent him home and he ended up winning – no disruption

Flag shirts – shirts had potential to and did cause disruption, so court upheld the school prohibiting them from wearing the shirt

Question 14

what are time place and manner restrictions

Answer 14

Restrictions on when where and how you can say things

Question 15

what are public forums

Answer 15

space where you can pretty much say what you want and speak on any topic

Question 16

when are time place manner restrictions in public forums appropriate (3 elements)

Answer 16

Are content neural
Narrowly tailored to serve an important gov interest and
Leave open an ample alternative means of communication

Question 17

what are nonpublic forum time place manner restrictions evaluated on

Answer 17

reasonableness

Question 18

what is a limit on time place manner restrictions

Answer 18

gov cant restrict based on continent but you can restrict via delivery

Question 19

what is the unique rule about time place manner restrictions when it comes to national parks

Answer 19

Even though park is government space, having protests can impede use/enjoyment of the park, so gov can limit protest to a particular area of the park

Question 20

are time place manner restriction on newsracks allowed

Answer 20

Regulations regarding placement or design of news racks on city streets allowed

Question 21

key takeaway from McCullen

Protests outside abortion center; painted 35 ft line in street showing boundary for protesters

Constitutional?

Answer 21

court said the 35 ft boundary not narrowly tailored

Question 22

what is the rule about restricting protests in malls (ie non public forums/private)

Answer 22

A private shopping mall may constitutionally exclude picketing on its premises even if that picketing relates to the actual activities of its tenant stores

Question 23

is social meida a public forum/

Answer 23

No; they are privately owned. Doesn’t matter what the function is