Editing Constitutional Law Maggs/4th ed. Outline II
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A generally applicable regulation that furthers a substantial government interest but places an incidental burden on expressive activity does not violate 1st amendment.State law that prohibits anyone to appear nude publicly with the intent to arouse the sexual desires of another therefore targeting nude dancing clubs. Dancing is always pure speech because it always communicates a message but this is still an incidental regulation because it isn’t targeted at dancing. There is a substantial government interest in protecting order and morality and it is narrowly tailored because the law only requires the dancers to wear pasties and g-strings. | A generally applicable regulation that furthers a substantial government interest but places an incidental burden on expressive activity does not violate 1st amendment.State law that prohibits anyone to appear nude publicly with the intent to arouse the sexual desires of another therefore targeting nude dancing clubs. Dancing is always pure speech because it always communicates a message but this is still an incidental regulation because it isn’t targeted at dancing. There is a substantial government interest in protecting order and morality and it is narrowly tailored because the law only requires the dancers to wear pasties and g-strings. | ||
=====ª Prior Restraints – | =====ª Prior Restraints – New York Times Co. v. United States (1971)===== | ||
The United States government may be constitutionally permitted to enjoin publication material on the grounds that such publication jeopardizes national security, but the burden for justifying such an injunction is extremely high.The New York Times published excerpts from a top secret study of the Vietnam War conducted by the United States Department of Defense. Governemnt has the highest of burdens to pass the prior restraint test. | The United States government may be constitutionally permitted to enjoin publication material on the grounds that such publication jeopardizes national security, but the burden for justifying such an injunction is extremely high.The New York Times published excerpts from a top secret study of the Vietnam War conducted by the United States Department of Defense. Governemnt has the highest of burdens to pass the prior restraint test. | ||
====={ Conduct – Aimed at Speech: Stranberg===== | ====={ Conduct – Aimed at Speech: Stranberg===== | ||
State passed a law making it a crime to display opposition to recognized government through burning of a flag. This is not always speech so not pure speech. This is visually expressive and therefore is conduct.This is a particularized message and the message is understood by the reasonable observer. Therefore, it passes Spence. The government does not pass the O’Brien test because its important government interest is related to the content of the speech. | State passed a law making it a crime to display opposition to recognized government through burning of a flag. This is not always speech so not pure speech. This is visually expressive and therefore is conduct.This is a particularized message and the message is understood by the reasonable observer. Therefore, it passes Spence. The government does not pass the O’Brien test because its important government interest is related to the content of the speech. |