First Amendment Freedoms

Question 1

First Amendment

Answer 1

prohibits Congress from establishing religion or interfering with the free exercise of religion, abridging the freedoms of speech and press, or interfering with the right of assembly. These prohibitions are applicable to the states through the Fourteenth Amendment.

Question 2

Government Speech

Answer 2

The Free Speech Clause restricts government regulation of private speech; it does not require the government to aid private speech nor restrict the government from expressing its views. Generally, government speech and government funding of speech will be upheld if rationally related to a legitimate state interest.

Question 3

Limitation to government speech rule

Answer 3

spending programs may not impose conditions that limit First Amendment activities of fund recipients outside the scope of the spending program itself. ex. the gov cannot require recipients of federal funds given to organizations to combat HIV/AIDS to agree in their funding documents that they oppose prostitution.

Question 4

public monument

Answer 4

a city’s placement of a permanent monument in a public park is government speech, even if monument is privately donated.

Question 5

When gov does fund private speech

Answer 5

must do so on viewpoint neutral basis unless its artists than it is based on the content of the art.

Question 6

trademark protection

Answer 6

not government speech, private speech and is subject to strict scrutiny

Question 7

content regulations

Answer 7

regulations forbidding communication of specific ideas

Question 8

conduct regulations

Answer 8

regulations of the conduct associated with speaking, such as the time of the speech, sound level, etc.

Question 9

content neutral speech regulations

Answer 9

subject to intermediate scrutiny - they must advance important interests unrelated to the suppression of speech and must not burden substantially than necessary (or must be narrowly tailored to further those interests.

Question 10

conduct

Answer 10

can be regulated by content-neutral time, place and manner restrictions.

Question 11

Overbroad

Answer 11

a regulation of speech or speech related conduct punishes a substantial amount of protected speech in relation to its plainly legitimate sweep is facially invalid.

Question 12

Void for Vagueness

Answer 12

if a criminal law or regulation fails to give persons reasonable notice of what is prohibited it will violate the DPC

Question 13

Cannot give officials unfettered discretion

Answer 13

a regulation cannot give officials broad discretion over speech issues there must be defined standards for applying the law. If a statute gives licensing officials unbridled defined standards it is void on its face and speakers dont need to apply for a permit.

Question 14

Scope of Speech

Answer 14

includes the freedom not to speak, symbolic acts

Question 15

Can the government require you to salute the flag or display other messages with which you disagree?

Answer 15

No

Question 16

symbolic acts

Answer 16

government may regulate if it has an important interest in the regulation independant of the speech aspects of the conduct and incidentally burdens the speech is not greater than necessary.

Question 17

Can government compel a person to subsidize private messages she disagrees with

Answer 17

no, non-union members do not have to pay union dues

Question 18

Can gov tax people and use revenue to express a message with which they may disagree?

Answer 18

yes, ( a beef producer can be required to pay an assessment to support government-sponsored generic advertising of beef even if the producer thinks generic advertising is a waste of money)

Question 19

exception University Fees

Answer 19

The government can require public university students to pay a student activity fee even if fee is used to support political and idealogical speech by student groups whose beliefs are offensive to the student, as long as the program is viewpoint neutral.

Question 20

Test for time place and manner restrictions on public forums and designated public forums

Answer 20

content neutral
narrowly tailored to serve an important government interest
leave open alternative channels of communication
- most government interests pass this

Question 21

Test for limited public forums and non-public forums

Answer 21

viewpoint neutral

reasonably related to a legitimate government purpose

Question 22

public forums

Answer 22

streets, sidewalks, public parks, the internet.

Question 23

designated public forums

Answer 23

school rooms that are open for after school use by social, civic, or recreation groups.

Question 24

limited public forums

Answer 24

school gym opened to host a debate on a particular community issue

Question 25

nonpublic forums

Answer 25

government property not historically linked with speech and assembly and not held open for speech activities, such as military bases, schools while classes are in session, government workplaces, etc.)

Question 26

regulations on content test

Answer 26

must be necessary to achieve a compelling government interest.

Question 27

unprotected speech

Answer 27

``` inciting imminent lawless action fighting words obscenity defamatory speech some commercial speech ```

Question 28

inciting imminent lawless action

Answer 28

creates a clear and present danger of imminent lawless action. Must be shown that imminent illegal conduct is likely and that the speaker intednded to cause it

Question 29

fighting words

Answer 29

true threats or personally abusive words that are likely to incite immediate physical retaliation in an average person. SC will not tolerate statutes that punish only certain viewpoints. usually vague or overbroad

Question 30

obscenity elements

Answer 30

appeals to the prurient interest in sex, using a community standard is patently offensive and an affront to community standards lacks serious value (literary, artistic, political, or scientific) using a national reasonable person standard.

Question 31

land use regulation

Answer 31

a land use or zoning may limit the location or size of adult entertainment if the regulation is designed to reduce secondary effects of such businesses. cannot all out ban

Question 32

liquor regulation

Answer 32

under 21st A, states have broad power to regulate intoxicating beverages. Laws relating to this power that affect free speech rights generally will not be set aside unless they are irrational

Question 33

defamatory speech

Answer 33

if it is about a public official or public figure or involves a public concern, the first A requires the plaintiff prove all elements of defamation plus falsity and some degree of fault.

Question 34

Commercial Speech that proposes unlawful activity or that is misleading or fraudulent ...

Answer 34

may be burdened not protected

Question 35

Other commercial speech test

Answer 35

regulation must serve a substantial government interest directly advance that interest and is narrowly tailored to serve that interest.

Question 36

Prior Restraints

Answer 36

court orders or administrative systems that prevent speech before it occurs, rather than punish afterwards rarely allowed. Gov must show special societal harm will otherwise result

Question 37

Prohibiting publishing of troop movements in times of war

Answer 37

valid

Question 38

prohibiting publication of the pentagon papers because it might have an effect on the Vietnam War

Answer 38

invalid

Question 39

Enforcing contractual prepublication review of CIA's agent writings

Answer 39

valid

Question 40

Prohibiting grand jury witness from ever disclosing testimony

Answer 40

invalid

Question 41

Procedural safeguards for prior restraint to be valid

Answer 41

the standards must be narrowly drawn, reasonable, and definite injunction must promptly be sought there must be prompt and final determination of the validity of the restraint

Question 42

Movie censorships

Answer 42

court allows the government to establish censorship boards to screen movies before they are release, as long as the procedural safeguards discussed are followed

Question 43

Freedom of press

Answer 43

has no greater First Amendment Freedom than does a private citizen

Question 44

Publication of truthful information

Answer 44

press has right to publish truthful information regarding a matter of public concern and right can only be restricted by a sanction that is narrowly tailored to further an interest of the highest order.

Question 45

Press Access to Trials

Answer 45

the first a guarantees the public and press a right to attend criminal and probably civil trials. However, the right may be outweighed by an overriding interest stated in the trial judges findings. The right includes the right to be present at voir dire and at other pretrial proceedings, unless the judge makes specific findings that closure was narrowly tailored to preserve higher value

Question 46

press and grand jury

Answer 46

members of press may be required to testify before a grand jury

Question 47

fairness doctrine

Answer 47

first A does not require broadcasters to accept political advertisements However a radio station may constitutionally be requires to offer free broadcasting time to certain individuals (e.g. opponents of political candidates or views endorsed by the station or persons who have been personally attacked on the broadcast.

Question 48

Internet regulation

Answer 48

strict standard

Question 49

cable television

Answer 49

between intermediate scrutiny and strict

Question 50

Freedom of Association

Answer 50

implied from the rights noted in First A. The gov may neither prohibit politically unpopular groups nor unduly burden a person's right to belong to such groups. not absolute right justified by a compelling government interest unrelated to the ideas and is the least restrictive means of protecting government interest.

Question 51

Electorial Process

Answer 51

court uses balancing test to determine whether a regulation of the electoral process is valid

Question 52

Limits on contributions

Answer 52

statute limiting election contributions is subject to intermediate scrutiny - must be closely drawn to match a sufficiently important interest. gov cant limit support or oppose on ballot referendum

Question 53

Limits on expenditures

Answer 53

gov cant do it

Question 54

regulations of core political speech

Answer 54

must pass strict scrutiny to preserve public confidence in the integrity of the judiciary.

Question 55

Goverment Employee Official Duty Exception

Answer 55

A government employer may punish a public employee's speech whenever the speech is made on the job pursuant to the employee's official duties, even if the speech touches on a matter of public concern.

Question 56

Government Employee: Other Speech

Answer 56

If speech is not made pursuant to an employee's official duties two tests apply : If a government employee's speech does not involve a matter of public concern, the courts give the government employer a wide deference and allow the employer to punish the employee if the speech was disruptive of the work environment. However if a matter of public concern is involved, courts must balance employee's rights as a citizen to comment on a matter of public concern against governments interest.

Question 57

School Sponsorship if extracurricular activities

Answer 57

can be subject to regulation that is viewpoint neutral and reasonably related to a legitimate government interest

Question 58

Free Exercise Clause

Answer 58

prohibits government from punishing someone on the basis of religious beliefs

Question 59

Examples of Free Exercise Clause

Answer 59

State governments requiring office holders or employees to take a religious oath (fed gov cant do this either) States from excluding clerics from holding public office courts from declaring a religious belief to be false

Question 60

a law that prohibits the precise type of animal slaughter used in ritual by a particular religious sect

Answer 60

unconstitutional

Question 61

exemption for ministers

Answer 61

no suits alleging employment discrimination by ministers against religious organizations (includes any position in the congregation that is ministerial)

Question 62

Exception - Unemployment Compensation cases

Answer 62

A state cannot refuse to grant unemployment benefits to persons who quit their jobs for religious reasons, as long as belief is sincere.

Question 63

Right of Amish Not to Educate Children

Answer 63

SC has granted Amish an exemption from a law requiring compulsory school attendance until age 16

Question 64

Establishment clause

Answer 64

invalid unless 1. has a secular purpose 2. has a primary effect that neither advances nor inhibits religion and 3. does not produce excessive government entanglement with religion.

Question 65

Sunday Closing

Answer 65

Valid

Question 66

Invalid establishment clause cases - non financial aid and education cases

Answer 66

delegation of zoning power to religious organization requirement that all employers grant all workers their Sabbath day off Christmastime display of only religious symbols displaying Ten Commandments when the purpose is predominantly religious

Question 67

Invalid establishment clause cases - Recipient Based Aid

Answer 67

Tax credits only to parents of private school students for educational expenses

Question 68

Invalid establishment clause cases - Aid to Religious Grade and High Schools

Answer 68

Reimbursement to private schools for writing achievement tests Providing private schools with teachers, or money to pay teachers, of secular classes Tax exemption only for religious associations or activities

Question 69

Invalid establishment clause cases - Religious Activities in School

Answer 69

ending classes early to give voluntary in-school religious classes. Prayer, bible reading, or posting Ten Commandments in classrooms or at school football games Requiring creation science be taught

Question 70

Ending classes early to allow students to attend off school religious classes

Answer 70

valid