1st Amendment Flashcards
1
Q
1st Amendment Applies to:
A
- The Federal Government (Congress, Executive, Judiciary)
- State/ Local Government indirectly through the 14th Amendment Due Process Clause.
2
Q
1st Amendment does NOT apply to:
A
- Private suppression of speech
- Private parties/ businesses/ actors
- Government Speech
3
Q
Government Speech:
A
- The government expresses certain viewpoints and disparages others
- Examples of Government speech:
(a) Permanent monuments
Summum Case: Placing a permanent monument in a public park is not a form of expression it is government speech and thus not subject to Strict Scrutiny.
(b)Specialty License Plates:
Sons of Confederate Vests: License plates are not a public forum, they are used for government speech.