Constitutional Law: Protection of Individual Rights: First Amendment: Regulation of Speech Content: Clear and Present Danger

• Clear and Present Danger: Speech is unprotected if:

• (1) Speech is directed @ producing imminent unlawful conduct and (2) speech is likely to produce such unlawful conduct.

• Freedom of Association. Freedom not to speak = Okay.

• NH live free or die case. Petitioner can refrain from promoting a viewpoint she does not accept.
• Whether a state university may force students to pay activity fees to support groups that engage in speech which the students do not agree with. State university may force students to pay these fees.

• Freedom of Association may come up on exam.

• Membership in an organization. Under what conditions may an individual be punished merely for belonging to a particular association. Membership cannot be punished unless the state can show 3 factors:
• (1) the group advocates unlawful conduct
• (2) the individual is a known and active member of the group.
• (3) the individual must have specific intent to further the group’s unlawful objective.
  

• Disclosure of Membership lists. Generally, an organization cannot be required to disclose its membership lists. Court will balance interference of right to associate against government interest in regulation. Disclosure is not required unless government could make membership of that group illegal.

• Loyalty Oaths. Generally, a loyalty oath as a precondition to public employment is invalid. However, only 2 loyalty oaths which you may be required to swear to:

• (1) support or uphold the constitution
• (2) oppose the overthrow of the government.