1st Amendment Flashcards
Learn freedom of speech, religion, petition
1
Q
Standard of scrutiny if speech restriction is based on CONTENT
A
Strict Scrutiny - Necessary to serve Compelling gov interest
2
Q
What content-based restriction of speech is unprotected from 1st Amend
A
Commercial misleading or false speech
3
Q
Standard of scrutiny for neutral-content restriction of expression (non-communicative)
A
Intermediate Scrutiny - NARROWLY tailored for IMPORTANT gov interest
4
Q
What standard of review applies to violation of content of speech?
A
Strict Scrutiny
5
Q
Officially sponsors prayers in public schools violate:
A
Establishment Clause
6
Q
Is HOUSING a fundamental right?
A
NO
7
Q
What is Freedom of Association (1st Amendment)
A
- Refuse membership
- Adhere to a group w/o retaliation
8
Q
Standard of review for censured speech
A
- Non-commercial = strict scrutiny
- Commercial = intermediate scrutiny
- Misleading commercial = Unprotected
