Know the correct legal definitions and rules. Be able to correctly recognize and apply them in hypothetical situations.
Understand the four criteria that time, place and manner regulations must meet to be constitutional.
What does content neutral mean?
What is the example of unbridled discretion being given to the public official who administers the time, place and manner restriction?
What does not constituting a complete ban on speech mean? Example?
What level of interest must the government have to justify the restriction?
Is the government required to bring evidence to court to prove its case?
The restriction must be narrowly tailored to do what and not do what? Examples?
Must the restriction pass all four criteria to be declared constitutional?
The manner in which the rules are applied by the court is usually dependent upon what?
The four types of forums.
What is a traditional public forum? Examples? How much First Amendment protection is given to speech occurring in a traditional public forum?
Does the categorical analysis of public forums prohibit the creation of traditional forums based on new technology and changes in society? Explain. (Think it through.)
What is a designated public forum? Examples? What are the three factors to determine if the government intended to create a designated public form?
What kinds of public property are not a public forum? The government has greater power to do what? Regulations on speech in nonpublic forums will be upheld as long as what?
Owners of private property are free to do what? How much First Amendment protection exists for speech on private property? Could the Oklahoma Constitution provide the rights to speech and petitioning at a private shopping mall? (Think it through. Reread about Article 2, Section 22.)
What rationale did the U.S. Supreme Court use to determine that cities cannot prohibit residents from posting signs on their own property?
What rationale did the U.S. Supreme Court use to determine that states cannot prohibit the distribution of anonymous political literature?