Chapter 5 - Freedom of Speech, Press, Free Exercise, Establishment Clause

Question 1

First Amendment (Bill of Rights)Fr

Answer 1

• Freedom of Speech
• Freedom of Religion
• Freedom of Press
• Freedom to Petition the Gov’t
• Freedom of Assembly
• Congress can’t establish a religion either.

Question 2

Fourteenth Amendment

Answer 2

• Prohibits the states from infringing on the rights guaranteed by the constitution.
• Due process of law.

Question 3

Freedom of Speech

Answer 3

Individuals - to restrict speech the gov’t must show the restriction is necessary to further a compelling gov’t interest.
-Individuals have very strong freedom of speech rights.

Question 4

Morse v. Frederick - Freedom of Speech

Answer 4

• Frederick held a banner in front of a school at sponsored event that said “bong hits 4 Jesus.”
• Frederick was suspended by Morse who thought he was promoting illegal drug use.
• Frederick was off school grounds, but was a student.
• Frederick sues, but the SCHOOL WINS.
• Ruled that the principal’s action was necessary to prevent the drug use (had a compelling interest).

Question 5

Freedom of Speech in Business

Answer 5

• Private employers have considerable ability to restrict the speech of employees.
• Private employers aren’t subject to the same restrictions as the gov’t.
• Protection of speech isn’t as strict on business terms.
• Ex. Families complaining to state liquor board. (Commercial Speech - freedom to advertise or market)

Question 6

Central Hudson Gas and Electric v. Public Service Commission

Answer 6

• Gas and Electric company.
• Gov’t told Central Hudson that they could not advertise.
• Central Hudson SUED AND WON because the gov’t can’t tell businesses that they can’t advertise unless dealing with a riot, etc.

Question 7

To restrict commercial speech -

Answer 7

1) Government must have a substantial interest in restricting the speech.
2) The restriction furthers/directly advances the gov’t interest.
3) The restriction can’t be too extensive.

Question 8

Overbreadth Doctrine

Answer 8

If a law or restriction is too broad or vague, the courts will rule that the law is unconstitutional under this doctrine.

Question 9

Unprotected Speech

Answer 9

Some speech is not protected by the 1st amendment which includes:

• Obscene (child pornography)
• Threatening language
• Defamation (includes slander and libel)

Question 10

Freedom of the Press

Answer 10

• Newspapers can’t be forced by the gov’t to print certain info or to take certain info off.
• The government can’t impose any PRIOR RESTRAINTS on the press (unless dealing with national security).
• no FILTHY SPEECH (profanity)
• FCC (federal communications commission) prohibits certain words.

Question 11

Free Exercise Clause

Answer 11

-The Constitution guarantees people the freedom of religion.

Question 12

Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal

Answer 12

• There was a religion that drank hoasca (a hallucinagin and illegal in the US)
• Gov’t wouldn’t let them use it as a sacrament.
• Church sued the gov’t saying that it violated the free exercise clause.
• CHURCH WON. Gov’t couldn’t show that there was a compelling interest why the church could not use the hoasca.

Question 13

The Establishment Clause

Answer 13

• The gov’t shall not establish a religion.

- Separation of Church and State.

Question 14

3 Part Test for a law not to violate the Establishment Clause -

Answer 14

1) Have a secular purpose.
2) Not have the primary effect of advancing or inhibiting religion.
3) Not result in an “excessive gov’t entanglement” with religion.