Permitted Free Speech Regulations

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United States v. O'Brien; A governmental regulation may restrict speech if the goal is unrelated to the suppression of free speech, and the incidental restriction on alleged First Amendment freedoms is no greater than essential to legitimate interest.

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Price Controls

Nebbia v. New York; Court relaxes its scrutiny of the permissible purposes of economic regulation. Here, price controls on milk that are nondiscriminatory and bear a reasonable relation to a proper legislative purpose are constitutional.

Economic Regulation

Williamson v. Lee Optical; Economic regulation is constitutional if there exists some hypothetical rationale for the legislation.

Gerrymandering

Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.

Civil Rights Cases

Racial discrimination by purely private acts of private individuals will not violate the thirteenth amendment or fourteenth amendment. State Action; Quasi-public employment; badges and incidents of slavery.

Limits of the Clear and Present Danger Test

Gitlow v. New York; The clear and present danger test does not apply to state laws where the state legislature has determined pursuant to police powers that certain kinds of utterances involve a danger of substantive evil. Due Process Clause.

Time Place and Manner Restrictions

Members of City Council v. Taxpayers for Vincent; An incidental restriction on expression is justified as a reasonable regulation of time, place or manner of expression so long as the restriction is narrowly-tailored to serve significant government interest.

Right of Free Association

NAACP v. Alabama; Curtailment by the state of the fundamental right of free association will be found unconstitutional unless it is show to be necessary to the achievement of a compelling government interest.

Campaign Finance

Arizona Free Enterprise Club's Freedom Club PAC v. Bennett; Arizona Citizens Clean Elections Act; matching funds substantially burdens protected political speech without serving a compelling state interest and violates the First Amendment.

Phone Sex Regulations

Sable Communications, Inc. v. FCC; pornography on telephone; sex talk; sexual messages; prurient interest; explicit; indecent; obscene; FCC regulations; Free Speech; First Amendment.

Farming Interstate Commerce

Wickard v. Filburn; Agricultural Adjustment Act; interstate commerce applies to home grown foods; Congress can regulate food consumed by grower.

Purient Interests

Roth v. United States; When an average person applying contemporary community standards feels that the dominant theme, taken as a whole, appeals to purient interests, the government can regulate the material as obscene. Pornography.

City of Renton v. Playtime Theaters, Inc.

Zoning ordinances may target secondary effects of speech without offending the first amendment, free speech, content based restriction.

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Permitted Free Speech Regulations

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