CONTENT-BASED RESTRICTIONS ON SPEECH

I. THE STRICT SCRUTINY TEST

(is applied when the government seeks to restrain speech based upon the ideas or views expressed)

Only if--

1. There is a compelling state interest, and

2. The regulation is "narrowly tailored" to achieve that interest (the "least restrictive alternative")

is a regulation of speech based on content justified.

Review: Virginia v. Black

1. compelling state interest

2. narrowly tailored

cross burning as advocacy

cross burning as a "true threat"

 

II. SPEECH ABOUT JUDICIAL PROCEEDINGS

(IA V. 6A)

Irvin v. Dowd (1961)

"It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court."

Sheppard v. Maxwell (1966) Carnival Atmosphere

VIDEO

PP. 113-115

Nebraska Press Association v. Stuart (1976) Gag Orders

Clear and present danger: "whether the gravity of the 'evil,' discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger." C&PD TEST:

(1) What is the nature and extent of pretrial news coverage

(2) Would other measures be likely to mitigate the effects of unrestrained pretrial publicity

(3) How effectively will the restraining order be to prevent the threatened danger

PP. 120-121 and 122-124

Vagueness test

The gag order applied to confessions and "other information strongly implicative of the accused as the perpetrator of the slayings"

United States v. McVeigh; O. J. Simpson (civil trial)