First Amendment Flashcards
Free Exercise of Religion
If intentional discrimination triggers strict scrutiny, if neutral and generally applicable law it will be upheld unless employment benefits or Amish educational choice
Establishment Clause
If there is a sect preference triggers strict scrutiny, if there is no sect preference can be subject to the Lemon Test or Marsh test
Lemon Test
If the law has: (1) a secular purpose; (2) a primary effect neither to advance nor inhibit religion; and (3) there must be no excessive government entanglement with religion
Marsh Test
Will be permissible if deminimus historical traditional practice
Facial Challenges to Free Speech
Over-broad, vague, unfettered discretion, and prior restraint
Content-Based Regulations
Generally subject to struct scrutiny (UNLESS likely to incite imminent illegal conduct, obscene, child pornography, defamatory, or commercial speech)
Content-Neutral Regulations in Public Forums
Content-neutral regulations are permissible if narrowly tailored to serve significant government interest and leaves open alternative channels of communication
Content-Neutral Regulations in Limited/Designated Public Forums
Content=neutral regulations are permissible if narrowly tailored to serve significant government interest and leaves open alternative channels of communication
Content-Neutral Regulations in Non-Public Forums
Permissible if view-point neutral and reasonably related to a legitimate government purpose
Freedom of the Press
Generally the press has no greater rights than the public; the press cannot be punished for truthful information lawfully obtained unless it is narrowly tailored to further an interest of the highest order
Freedom of Association
Can punish group membership if: (1) illegal group purpose; (2) individual knows of illegal activity; and (3) individual intends legal activity
Disclosure of Membership - strict scrutiny
