Constitutional Law 35-41 Flashcards
What rights does the 1st Amendment of the U.S. Constitution protect?
Freedom of speech and expressive activities;
Freedom to exercise religion;
Freedom of the press;
Freedom to peacefully assemble; AND
The right to petition the government for a redress of grievances.
*Congress also shall make NO law concerning the establishment of religion.
Priority: HIGH
What does the EstablishmentClause prohibit?
The government from establishing a religion or endorsing/supporting religion.
Laws that discriminateMUST satisfy strict scrutiny.
Laws that do not discriminate will be upheld if:
It has a secular purpose;
Its primary effect does not advance/prohibit religion; AND
It does not excessively entangle the gov’t with religion.
Priority: HIGH
What does the Free Exercise Clause prohibit?
The government from interfering with the exercise of religion.
Laws that interfere MUST satisfy strict scrutiny.
*Laws of general applicability that cause unintentional burdens on religion ARE constitutional, and do not offend the Free Exercise Clause.
Priority: HIGH
Free Speech:
Content-Based Restrictions
vs.
Content-Neutral Restrictions
Content-Based: Regulations regarding the content of protected speech (subject matter, viewpoint). Gov’t MUST satisfy strict scrutiny(narrowly tailored to achieve a compelling government interest AND it used the least restrictive means).
Content-Neutral: Gov’t may regulate the time, place, and manner of content-neutral speech if the regulation satisfies intermediate scrutiny(narrowly tailored to achieve a significant government interest AND leaves open alternative channels of communication).
Priority: HIGH
Free Speech:
Public Forum
vs.
Designated Public Forum
vs.
Non-Public Forum
Public Forum: Traditionally available to the public for free speech.
Designated Public Forum: Not traditionally available for free speech, BUT the government chooses to make it available. Treated the same as a Public Forum.
Non-Public Forum: Public spaces that have traditionally been limited for free speech. The government may regulate speech here if the regulation is reasonable AND viewpoint neutral.
Priority: Medium
Free Speech:
When are licensing requirements permitted?
If:
The government has an important reason for licensing;
Specific, articulated standards are used to grant the licenses to remove discretion of the licensing body; AND
Procedural safeguards are in place.
Priority: HIGH
Unprotected Speech:
What are fighting words?
Words, which by their very utterance:
Inflict injury; OR
Tend to incite an immediate breach of the peace.
*The 1st Amendment DOES NOT protect fighting words or true threats.
Priority: N/A
