First Amendment

Question 1

What is speech?

Answer 1

communication that is expressive conduct, can include activities and the freedman not to speak

Question 2

what kind of restrictions can be at issue?

Answer 2

prior restraint
content based restriction
viewpoint based restriction
time place & manner

Question 3

What is prior restraint

Answer 3

stops speech before it occurs presumed to be un constitutional UNLESS

prevent a particular harm
procedural safeguard without unfettered discretion

Question 4

What is content based restriction?

Answer 4

regulation applies on its face or in application, conduct or view point

strict scrutiny applies

Question 5

What is exception to strict scrutiny and content based regulation?

Answer 5

symbolic speech (regulating nudity) when the law regulates conduct and places incidental burden on speech is allowed If the regulation is narrowly tailored to important interest and unrelated to suppression of the speech

Question 6

Is political speech protected?

Answer 6

type of content based regulation, protections apply to both individuals and corporations

if campaign contribution: regulations subject to intermediate scrutiny

campaign finances: regulation on expenditures are subject to strict scrutiny

Question 7

Is commercial speech protected?

Answer 7

type of content based regulation

cna suppress if misleading or false

Question 8

Is obscenity speech protecteD?

Answer 8

type of content based regulation

obscenity appeals to prurient interest and is offensive (community standard) and lacks literary, artistic, political value (national standard)

SS applied to porn

Question 9

Is the regulation content neutral or based?

Answer 9

restriction that is time, place, and manner

Question 10

What type of forum is consideded private?

Answer 10

for purposes of time place and manner, if it is public forum (streets, parks, or designated public forum):

must be (1) content and viewpoint neutral (2) narrowly tailored to significant interest and (3) leave open alternative channels for communication

Question 11

What type of forum is considered private?

Answer 11

for purposes of time place and manner if it is private forum (military basis, airport, prison)

regulation must be viewpoint neutral and have reasonable relation to legitimate government interest

Question 12

What is an vague regulation?

Answer 12

unconditional on its face if reasonable person could not tell what speech is prohibited

Question 13

What is over breadth regulation?

Answer 13

if law substantially prohibits more expression than necessary

Question 14

What does the establishment clause limit?

Answer 14

government can make no law respecting the establishment of religion and laws that discriminate against religious speech

Test: is this a historical practice? if yes, constitutional

Question 15

What is scope of free exercise clause?

Answer 15

freedom to believe in any religion is highly protected

freedom to act on religious belief is less protected. the government may not intentionally target religious conduct but a neutral law that generally applies and impacts conduct is okay: Rational Basis Test

Question 16

What is freedom of association?

Answer 16

Laws that prohibit participation in group of require disclosure of participation analyzed under Strict Scrutiny

Question 17

What are types of speech that are unprotected

Answer 17

fighting words, obscenity, true threats

Question 18

What is the first amendment for freedom of the press?

Answer 18

have the right to publish lawfully obtained information that is truthful about matters of public significance & right to attend criminal trial. If government infringes must pass strict strutiny.

EX: court refusing press in on trial to protect witness doesnt pass SS

Question 19

When can the government interfere with first amendment freedom of association?

Answer 19

punishing of persons is okay. if (1) active members of subversive organization (2) illegal objectives (3) intend to further

EX: radical group that intends to position water to overthrow government, member was denied employment

Question 20

What is ministerial exception and how does it apply?

Answer 20

first amendment free exercise clause prohibits gov interference with religious organization.

religious organization are protected fro civil liability for employment discrimination when they fire or hire employees who serve in ministerial roles