Constitutional Law II
Semi-protected Speech
Defamation is semi-protected, but it is not tested on.
Commercial speech is semi-protected if the regulation is overly broad.
If speech is restricted based on its content in a nonpublic forum, the court will apply a reasonableness test. If it is a designated limited public forum, intermediate scrutiny or a reasonableness test is applied.
If a government employee speaks as a citizen or about a matter of public concern outside the scope of his work, a balancing test is applied.
Student speech can be restricted if it interrupts school or if its content promotes certain viewpoints.