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Any tips for keeping the various standards straight that must be applied depending on the type/forum of speech? I'm okay with the public versus non public forum rules but for everything else (commercial, association, etc) all the words are just blending into each other and I literally can no longer tell the difference between something between important and something being necessary and what's least restrictive and whether alternatives are left available
This was really, really hard for me. Just to generalize, unless you're restricting content, most of the tests seem to involve some kind of variation on the intermediary test (content-neutral, prior restraint, public and designated public forums, symbolic speech, and commercial speech). You then just have to memorize the small variation on that.
I hate the first amendment. Stupid freedom of speech. At this point I wish all these loud mouths would just shut the hell up. Life would be much easier if they just stopped speaking. Augh. Bar prep rant complete. I feel better. Kind of.