1A freedoms

Question 1

1A freedom of religion encompasses-

Answer 1

establishment cl

free exercise

Question 2

establishment cl

where govt prog prefers one religion or religious sect over others, cts use - to evaluate whether it violates 1A

Answer 2

strict scrutiny

Question 3

establishment cl

where gvt prog or legis does NOT contain rel or sect preference, cts use - to evaluate whether it violates 1A

Answer 3

Lemon test

1) stat must have secular legis purpose
2) primary effect/ purp must neither advance nor inhibit rel
3) stat must not foster an excessive govt entanglement w rel

Question 4

the free exercise clause states that-

Answer 4

govt cant pubish an ind by denying bene or imposing burdens based on religious belief

Question 5

free ex cl- rule from the peyote case

Answer 5

st may reg or prohibit activity if reg is neutral w respect to rel and is of general applicability

Question 6

– & – are protected under freedom of expression.

Answer 6

speech

freedom of assoc

Question 7

freedom of speech:

regulation of conduct w incidental burden on speech does not violate 1A if

Answer 7

important govt interest unrealted to suppression of free expression

incidental restriction on speech is no greater than is essential to the furtherance of that interest

Question 8

1A restricts regulation of defamatory speech where-

Answer 8

where P is public official or pub figure or statement involves a matter of public concern
and actual malice can be shown

Question 9

Govt can regulate — without violating free speech

Answer 9

reas reg of times, place, manner of speech . 3 part test- reg must:

content neutral as to both sbj matter and viewpoint
narrowly tailored to serve sig govt interest
leaves alt channels of comm open

Question 10

freedom of assoc is analyzed with –

Answer 10

“the closest scrutiny”

Question 11

1A prohibits prior restraint, which is

Answer 11

govt cant suppress or restrain speech in advance of its publication or utterance

strong presumption against ehc ons validity

Question 12

wording of a stat regulating speech must be –

may be void if–

Answer 12

wording of a stat regulating speech must be narrow and specific, not overly broad so as to have a “chilling effect” on protected speech

overbroad or vague

Question 13

unprotected speech

Answer 13

advocates violence or unlawful action
fighting words
hostile audience speech
obscene speech
defamatory speech