1st Amendment Flashcards
1
Q
What is the 1st A. Freedom of Speech
A
Limits government regulation of private speech
2
Q
What is speech
A
Words, symbols, conduct with expressive intent
3
Q
What are the 4 types of unprotected speech?
A
- Incitement
- Fighting Words
- True threats
- Obscenity
4
Q
Incitement
A
Conduct likely and intended to produce imminent lawless action
5
Q
Fighting words
A
Conduct likely to provoke an immediate violent response
6
Q
True Threats
A
Intended to covey a threat of serious bodily harm
7
Q
Obscenity
A
Depiction of sexual conduct deemed unwholesome by law:
- Appeals to pruint interest in sex (C)
- Patently offensive (C)
- No value (N)
8
Q
What classes of speech receive partial 1st A protection?
A
Defamation
Commercial Speech
Pub student Speech
9
Q
Free exercise Clause
A
Government can’t discriminate in the basis of religion, triggers strict scrutiny
10
Q
Establishment Clause
A
Government cannot establish religion
Exception: history or tradition
