1st Amendment Flashcards
What are traditional public forums? What are the standards for regulations of these public forums?
These are government properties that the government is constitutionally required to make available for speech (e.g. parks and sidewalks).
Regulations must be subject matter and viewpoint neutral, or if not, strict scrutiny must be met.
Regulations must be a time, place, or manner regulation that serves an important government purpose and leaves open adequate alternative places for communication.
Government regulation of speech in forums need not use the least restrictive alternatives.
What are designated public forums? What are the standards for government regulations of speech in these areas?
These are government properties that the government could close off to speech, but chooses voluntarily to open to speech. The same rules apply as for public forums.
What are limited public forums? What are the standards for government regulations in these areas?
Government properties that are limited to certain groups or dedicated to certain topics. The government can regulate speech in limited public forums so long as the regulation is reasonable and viewpoint neutral.
What are non-public forums? How can government regulate speech in those areas?
These are government properties that the government constitutionally can and does close off to speech. The government can regulate speech in non-public forums so long as the regulation is reasonable (which means rational basis) and viewpoint neutral.
Examples of non-public forums: military bases, areas outside prisons and jails, schools (unless designated).
Can the free exercise clause be used to challenge a neutral law of general applicability?
No.
What is the *Lemon *test for the Establishment Clause?
- There must be a secular purpose for the law.
- The primary effect must be neither to advance nor inhibit religion.
- There must not be excessive government entanglement with religion.
