Question: The test for when speechcan beregulated looks like this below: 1. Speech can be suppressedby the Government when it is misleading or concerns illegal activity.

The test for when speechcan beregulated looks like this below:

1. Speech can be suppressedby the Government when it is misleading or concerns illegal activity.

(Misleading meaning it is in violation of federal regulations like Federal Trade Commission Act and/or consumer protections laws per LanhamAct).

(Illegal like yelling fire in a movie theater)

2. Speech can be suppressed when:

  • Government demonstrates a compelling interest,and,
  • The regulation serves its purpose or directly advances the government interestand,
  • The regulation is narrowly tailored to serve that purpose.

What are your thoughts on the example below, considering the test for regulation and suppression of speech above:

Jack is a student at the public high school and one day unveils a huge banner at the school assembly reading, "Bong Hits for Jesus."

Jack is suspended for 10 days and sues, arguing his First Amendment free speech rights were violated.

Would he prevail?

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