Constitutional Law II

Semi-protected Speech


For indecent speech, the interests of children and non-consenting adults is balanced against the speakers.

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.

Freedom of Association

Association can sometimes be protected, depending on how much the association is about speech and how important its speech is.

Student speech can be restricted if it interrupts school or if its content promotes certain viewpoints.

Campaign Contribution

Campaign contributions count as speech and are semi-protected.

If there is a coordination of expenditures with candidates for express advocacy, it is treated a contribution.

The purpose of limiting campaign contributions is to prevent corruption.