Levels of scrutiny for speech
Posted: Tue Feb 23, 2016 4:57 pm
This topic confuses me to no end, and I need to get it straightened out for tomorrow. Please let me know if I'm wrong about anything.
Public forum - regulation of speech based on content must meet strict scrutiny. Content neutral regulations must meet rational basis.
Limited public forum - regulation of speech must be viewpoint neutral and must meet intermediate scrutiny.
Nonpublic forum - all regulation of speech must meet rational basis.
Public forums = sidewalks, public parks, streets
Limited = courthouse steps, public libraries, public schools
Commercial speech regulations need only meet rational basis, right?
Also, what the hell is all this "narrowly tailored" shit? I went through law school and bar prep twice and that term still makes no sense to me.
Public forum - regulation of speech based on content must meet strict scrutiny. Content neutral regulations must meet rational basis.
Limited public forum - regulation of speech must be viewpoint neutral and must meet intermediate scrutiny.
Nonpublic forum - all regulation of speech must meet rational basis.
Public forums = sidewalks, public parks, streets
Limited = courthouse steps, public libraries, public schools
Commercial speech regulations need only meet rational basis, right?
Also, what the hell is all this "narrowly tailored" shit? I went through law school and bar prep twice and that term still makes no sense to me.