At its most basic,
the test for viewpoint discrimination is whether—within the relevant subject category
—the government has singled out a subset of messages for disfavor based on the views expressed. See Cornelius v. NAACP Legal Defense & Education Fund, Inc. (1985). . . .
What is viewpoint based discrimination?
When the government engages in content discrimination, it is restricting speech on a given subject matter. … When it engages in viewpoint discrimination,
it is singling out a particular opinion or perspective on that subject matter for treatment unlike that given to other viewpoints
.
What is viewpoint neutrality?
Viewpoint neutrality is a well-known concept in First Amendment law. It stands for the idea that
when gov- ernment actions implicate the speech rights of groups and individuals
, those actions must be done in an even- handed way. They may not discriminate based on the message advocated.
What is the captive audience doctrine?
The courts have recognized the rights of captive audiences to be free from unwanted speech in certain places, and have chiefly applied this to people in their own homes. … The captive audience doctrine
protects people in certain places and circumstances from unwanted speech
.
Are restrictions made on any group always unconstitutional?
Identifying Discrimination. Laws that treat one group of people differently from others are
not always unconstitutional
. In fact, the government engages in legal discrimination quite often.
What is the difference between content and viewpoint discrimination?
When the government engages in content discrimination,
it is restricting speech on a given subject matter
. When it engages in viewpoint discrimination, it is singling out a particular opinion or perspective on that subject matter for treatment unlike that given to other viewpoints.
Does the First Amendment protect discrimination?
Contrary to some naysayers, the First
Amendment does have its limitations and does not act as a free pass to discriminate against others
. The First Amendment is a part of the Bill of Rights, the first 10 amendments of the Constitution.
What is content neutrality?
Content neutral refers
to laws that apply to all expression without regard to the substance or message of the expression
. Such laws generally regulate only the time, place, and manner of speech in contrast to content-based laws, which regulate speech based on content.
What is strict neutrality mean?
McConnell, Neutrality Under the Religion Clauses, 81 Nw. U. L. … Under the strict neutrality principle,
only those persons whose religious freedom is actually’burdened by a regulation can object to its effects and seek an exemption.
Is the freedom of speech?
In the United States, freedom of speech and expression is strongly protected from government restrictions by
the First Amendment to the United States Constitution
, many state constitutions, and state and federal laws.
What types of speeches are not protected by the First Amendment?
“Not all speech is protected. … The Supreme Court has called the few exceptions to the 1st Amendment “well-defined and narrowly limited.” They include
obscenity, defamation, fraud, incitement, true threats and speech integral to already criminal
conduct.
What is a captive audience meeting?
A compulsory meeting of employees arranged by an employer in response to a trade union organizing campaign
. The purpose of the meeting is to dissuade workers from joining the union or voting in its favour in a certification or recognition ballot.
What are the types of audiences?
- Friendly. Your purpose: reinforcing their beliefs.
- Apathetic. Your purpose is to first to convince them that it matters for them.
- Uninformed. Your requirement is to educate before you can begin to propose a course of action.
- Hostile. You purpose is to respect them and their viewpoint.
What does the 1st Amendment not protect?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that
incites imminent lawless action
, speech that violates intellectual property law, true threats, and commercial …
What are the 3 restrictions to freedom of speech?
Time, place, and manner
. Limitations based on time, place, and manner apply to all speech, regardless of the view expressed. They are generally restrictions that are intended to balance other rights or a legitimate government interest.
Can the government restrict ideas or speech considered harmful even before they are expressed?
Government can limit some protected speech by
imposing “time, place and manner” restrictions
. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech.
