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Distinguish pure speech from expressive conduct. Relying upon the modern Court's viewpoint, name the types of speech that are outside of the scope of the

  1. Distinguish pure speech from expressive conduct.

  1. Relying upon the modern Court's viewpoint, name the types of speech that are outside of the scope of the First Amendment - meaning are categories of unprotected speech?

  1. What is prior restraint? Is prior restraint ever Constitutional? If so, when?

  1. Discuss the facts of the Pentagon Papers case.Why did the Court allow publication of the challenged materials?

  1. Describe the following types of freedom of expression, whether they are Constitutional and why?

  1. Cross burning

  1. Flag burning. (Discuss the Texas v. Johnson case)

  1. To what degree, if any, can government employers restrict their employees' freedom of speech? In your answer, discuss the Hatch Act.

  1. What constitutes a public forum for the purpose of the freedom of assembly under the First Amendment?

  1. In what manner, if any, can the freedom of assembly be regulated by the government?

  1. Distinguish fighting words from hate speech. Are either Constitutionally protected speech?Explain how it is Constitutional for hate speech to be regulated by the government?

  1. Describe how the normal standards for libel differ for cases involving public figures and official conduct. In so doing, discuss the actual malice standard.

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