Con Law-Free Speech Nuances

In general:

1. content regulation: triggers strict scrutiny
2. time, place, manner regulation: middle-tier three part test -- 1) important gov't interest, 2) narrowly tailored, 3) alternative channels of communication left open

Commercial Speech:
If subject of the advertising/speech is lawful and ad is not misleading/deceptive, evaluate under the Central Hudson test: substantial governmental interest directly served/advanced and reasonable "fit" between ends and means (narrowly tailored).

Vice advertising: apply Central Hudson. Must be narrowly tailored - complete ban is overreaching.

Time, Place, Manner Regulations:

1. Public Forums:
1. subject matter AND viewpoint neutral
2. narrowly tailored to serve significant gov't interest
3. leave open alt. means of communication.

BUT
2. Non-public forums (including city buses and public schools):

1. viewpoint neutral (subject matter distinctions are ok)
   
2. reasonably related to legitimate interest.

Facial Attacks on speech regulations:

1. overbroad: includes protected and unprotected speech within its scope
2. vagueness
3. prior restraint
4. unfettered discretion