JMC 2600 FREEDOM OF EXPRESSION 2
First Amendment Coverage - Answers - Speech, religion, press, assembly, and the right
to petition the government.
Body of Law Origins - Answers - Constitutional law, Statutory law, Administrative
regulations, and Common law.
Precedent - Answers - A legal principle established in a prior court case that lower
courts must follow in similar cases.
Marketplace of Ideas - Answers - The theoretical principle that truth will naturally
emerge from the open competition of free debate.
Safety Valve Theory - Answers - The principle that free speech allows citizens to
express frustrations peacefully rather than turning to violence.
Strict Scrutiny - Answers - The standard used for content-based laws; requires a
compelling government interest using the least restrictive means.
Intermediate Scrutiny - Answers - The standard used for content-neutral laws (like TPM
rules); requires an important government interest and open alternative channels.
Rational Basis Scrutiny - Answers - The standard used for non-fundamental rights;
requires the law to be rationally related to a legitimate government interest.
Symbolic Speech - Answers - Non-verbal actions intended to convey a specific
message that is highly likely to be understood by onlookers.
Unprotected Speech Categories - Answers - Incitement, true threats, fighting words,
obscenity, child sexual abuse material, fraud, and defamation.
Traditional Public Forum - Answers - Government-owned spaces historically open to
assembly and public speech, such as public sidewalks, streets, and parks.
Designated Public Forum - Answers - Government property intentionally opened up for
community or student speech activities.
Non-Public Forum - Answers - Government-owned property closed to general public
expression, such as military bases, prisons, and airport terminals.
Content Discrimination - Answers - Banning or restricting speech based entirely on its
general subject matter or topic; triggers strict scrutiny.
First Amendment Coverage - Answers - Speech, religion, press, assembly, and the right
to petition the government.
Body of Law Origins - Answers - Constitutional law, Statutory law, Administrative
regulations, and Common law.
Precedent - Answers - A legal principle established in a prior court case that lower
courts must follow in similar cases.
Marketplace of Ideas - Answers - The theoretical principle that truth will naturally
emerge from the open competition of free debate.
Safety Valve Theory - Answers - The principle that free speech allows citizens to
express frustrations peacefully rather than turning to violence.
Strict Scrutiny - Answers - The standard used for content-based laws; requires a
compelling government interest using the least restrictive means.
Intermediate Scrutiny - Answers - The standard used for content-neutral laws (like TPM
rules); requires an important government interest and open alternative channels.
Rational Basis Scrutiny - Answers - The standard used for non-fundamental rights;
requires the law to be rationally related to a legitimate government interest.
Symbolic Speech - Answers - Non-verbal actions intended to convey a specific
message that is highly likely to be understood by onlookers.
Unprotected Speech Categories - Answers - Incitement, true threats, fighting words,
obscenity, child sexual abuse material, fraud, and defamation.
Traditional Public Forum - Answers - Government-owned spaces historically open to
assembly and public speech, such as public sidewalks, streets, and parks.
Designated Public Forum - Answers - Government property intentionally opened up for
community or student speech activities.
Non-Public Forum - Answers - Government-owned property closed to general public
expression, such as military bases, prisons, and airport terminals.
Content Discrimination - Answers - Banning or restricting speech based entirely on its
general subject matter or topic; triggers strict scrutiny.
