Constitutional Law Flashcards
Does having your own little town constitute state action for the purposes of the first amendment
The constitution generally protects against wrongful conduct by the government, not private parties. Private personal conduct must constitute stay action order for these protections to apply. State action is found in a private person carries on activities that are traditionally performed exclusively by the state, such as running primary elections or governing a company town
Is expelling someone for not reciting the Pledge of Allegiance evaluation of the first amendment
The first amendment is a placable to the states is the 14th amendment protects the freedom of speech as well as the freedom not to speak. Any policy punishing someone for not saying the pledge would be unconstitutional so long as it is applicable to them
If someone is distributing leaflets in a traditional public forum and his arrested is this a violation of the First Amendment
Protected speech can include written, oral, and visual communication, as well as activities such as picketing and leafleting. The governments ability to regulate suites depends on the form in which the speech takes place. A traditional public forum is one that is a stork Lee associated with expression, such a sidewalks, streets, and parks
In a traditional public forum, the government may only regulate speech if the restrictions: (i) are content-neutral as to both subject matter and viewpoint, (ii) are narrowly tailored to serve a significant governmental interest, and (iii) leave open ample alternative channels for communication. Additional restrictions, such as an absolute prohibition of a particular type of expression, will be upheld only if narrowly drawn to accomplish a compelling governmental interest.
A ban on leafleting that might cause littering is not narrowly tailored to serve a significant governmental interest. It also does not leave open sufficient alternatives for communicating in this public space.
