Final answer:
The court looks at the location, audience, and content to determine whether speech is public or private.
Step-by-step explanation:
The three factors that the court looks at in determining whether speech is public or private are:
- Location - The time, place, and manner of the speech
- Audience - The subject, occasion, and participants in the speech
- Content - The intent and content of the speech
For example, if someone is giving a speech in a public park during a protest, the speech is likely to be considered public because of the location and the audience. Similarly, if someone is speaking privately to a group of friends in their own home, the speech would be considered private. The court considers these factors to determine the level of constitutional protection that speech is entitled to.