The more nonpolitical or nonspeech conduct involved, the less protected it is


and the less funding attention must be paid to it.

Limiting Repeat Grants  

by  Time, Place or Manner


Importantly, the factor used in limiting funding beyond the minimum

will be the manner of speech conduct,

not its content

(relevant times and places are covered in the section's first sentence; see Time Periods Before Votes).


Speech conduct is speech that uses action, and all conduct has manner.

Statutes, Supreme Court decisions, experiment and public debate have developed applied speech doctrine

by categorizing kinds of speech and manners of speech conduct

to clarify and distinguish Amendment I's protections (see Applied Speech Doctrine). 


  • Pure speech includes nothing but speech itself:

          speaking, writing, tapping out Morse code on a park bench, and so on.

          It costs nothing but must comply with the requirements. 

  • Strategies and techniques of marketing and advertising are commercial speech conduct,

           including nonspeech conduct, used to create speech.

           Psychological studies and surveys are educational conduct, including nonspeech conduct,

           used to create speech.

  • Programming, broadcasting, delivery, to a lesser extent publishing

          are sometimes commercial or cultural speech conduct that includes some nonspeech conduct,

          and sometimes just nonspeech conduct, used to reach the public. 

  • Repetition is a manner.

          More speech is not always better speech, and speech in quantity

          has been shown to have a coercive power that owes nothing to any persuasive strength of its content.

          Advertising uses repetition to help ‘create a market’ for products.

          Grants will be repeated less when speech is repeated more.



Manner of Speech Safeguards


Limiting speech by time, place or manner 
is the least-restrictive way to regulate variously-protected speech conduct 
for the compelling state interest of preserving consent to governance. 
No content is prohibited, all content is supported. 


Tracking the First Amendment's protections works. 

Because the First Amendment protects political speech conduct, 
                                like marching or speaking, 
but not conduct used in the context of politics that has nothing to do with politics in and of itself,                                                            like transportation, 
political speech conduct has funding preference (above the minimum). ​

Manners that are entirely political are also preferred to manners that require ​
some nonpolitical speech conduct or nonspeech conduct
 either to create speech or to reach the public. 


The Constitution protects commercial speech for a political purpose less than political speech. 
The FCC regulates commercial speech (see Promotion and Freedom of the Press). 
Not all commercial strategies and techniques are speech conduct at all, 
and even those parts of commercial speech conduct that are speech are not generally political speech 
but such professional work as the commercial cultural speech of paid artists. 
Even cultural speech is somewhat less protected for a commercial purpose than for a cultural purpose. 
Nonspeech conduct is not constitutionally protected at all. 

The more nonpolitical speech and nonspeech conduct involved the less protected it is for this purpose 
and the less funding attention must be paid to it. 

The more a manner can disrupt everyday life, especially where people have an expectation of privacy,
the more intrusive it is. 
The Constitution has allowed limiting more-intrusive manners like amplified speeches near homes after dark.
If unfunded speech conduct is intrusive it must comply with any existing state and local regulations, but the United States will not limit unfunded speech. 
Stuffing envelopes and other no-cost nonintrusive manners of conduct are unlimited. 


Above the guaranteed minimum, manners of speech conduct that are more intrusive must be funded less often.


Enacting this regulation will require publicly listing the relevant forms of conduct 
with their political content, speech content and invasiveness of manner (see Applied Speech Doctrine). 



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