Constitutional Law II

Protected Speech

Any speech that is not unprotected speech or semi-protected speech is protected speech and thus regulations of such speech are subject to strict scrutiny.

Examples include:

• Offensive speech (Like the F-word)
  • Though it may be indecent speech
• Pornography
  • Though it may be indecent speech
• Virtual child pornography
  • Unless it meets the Miller standard for obscenity
• False speech that does not harm or benefit
• Intentional infliction of emotional distress of a public figure
• Compelled speech, whether the government's or a third-party's message
• An association if it is formed for speech purposes
• Viewpoint-based discrimination
• Content-based discrimination in public forums and designated unlimited public forums
• Sometimes content-based discrimination in designated limited public forums
• Prior restraints
• Campaign Expenditure

  Campaign expenditures count as speech and are protected.

• Judicial campaign speech