Constitutional Law - 1st Amendment Protections

Question 1

Free Exercise Clause Analysis

Answer 1

(1) religiously neutral, and
(2) of general applicability.
A law failing to satisfy these requirements (i.e., the neutrality and general applicability requirements) must be justified by a compelling governmental interest and must be narrowly tailored to advance that interest.

Question 2

Unprotected Speech

Answer 2

1) Clear & Present Danger
2) Defamation
3) Obscenity
4) Child Pornography
5) “Fighting words”
6) Fraudulent commercial speech

Question 3

“Content Neutral” Regulation of Time, Place, Manner

Answer 3

Apply 3-part test. Regulation must:

1. Further a significant government interest
2. Be narrowly tailored, and
3. Leave open alternative channels of communication

Question 4

Vice Advertising

Answer 4

Government regulation must:

1. Directly advance
2. a substantial governmental interest
3. and “narrowly tailored”

Question 5

Establishment Clause

Answer 5

To NOT violate the Lemon Test:
1) the primary purpose must be secular
2) primary effect must neither inhibit nor advance
religion
3) no excessive government entanglement with religion