Free Speech

Free Speech. BA

I. Preliminary Question
Government action (did the government or government employee take an action in an official capacity that affected the rights of an individual or group of individuals)* remember that the US Constitution is a set of limits on the Federal Government. It does NOT give the government implicit rights.
II. On the merits
a. Applicability (did the government infringe on protected speech?)
i. [2]As a general rule *all speech is protected. [ Expressive Conduct]
ii. Exceptions:
1. Criminal speech
a. Perjury
b. Solicitation
c. Conspiracy
2. Fighting Speech
a. Face to face communication that a Reasonab...