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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
- 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 First Amendment - meaning are categories of unprotected speech?
- What is prior restraint? Is prior restraint ever Constitutional? If so, when?
- Discuss the facts of the Pentagon Papers case.Why did the Court allow publication of the challenged materials?
- Describe the following types of freedom of expression, whether they are Constitutional and why?
- Cross burning
- Flag burning. (Discuss the Texas v. Johnson case)
- To what degree, if any, can government employers restrict their employees' freedom of speech? In your answer, discuss the Hatch Act.
- What constitutes a public forum for the purpose of the freedom of assembly under the First Amendment?
- In what manner, if any, can the freedom of assembly be regulated by the government?
- 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?
- 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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