Everything Else

Question 1

To Restrict Symbolic Conduct

Answer 1

law must be constitutional; must have important/substantial government interest; interest must not be related to the suppression of speech; and the restriction must be no greater than necessary to further that interest (United States v. O’Brien)

Question 2

pure speech prosecuted under conduct statute . . .

Answer 2

receives speech analysis

Question 3

expressive conduct subject to a conduct statute . . .

Answer 3

receives the O’Brien Test

Question 4

Political Solicitation

Answer 4

corporations are equal to people regarding campaign contributions

Question 5

Right of Not to Speak

Answer 5

unconstitutional to require child to recite the pledge of allegiance (WV v. Barnette)

Question 6

Speech restriction: Military

Answer 6

different character of the military community requires a different application of protections (Parker v. Leoy)

Question 7

Speech restriction: schools

Answer 7

unless conduct materially and substantially interferes with school discipline it cannot be prohibited (Tinker v. Des Moines); schools can have editorial control over student speech in school sponsored activities so long as it is reasonably related to legitimate pedagogical concerns (Hazlewood SD v. Kuhlmeier)

Question 8

Freedom of Press

Answer 8

no freedom of press distinct from the individual’s right to free speech (Branzburg v. Hayes)

Question 9

Establishment Clause (Lemon Test)

Answer 9

no purpose of advancing or inhibiting religion; no effect of advancing/inhibiting religion; and avoid excessive entanglement with religion

Question 10

Establishment Clause (Endorsement Test)

Answer 10

test should be whether a state action endorses religion (O’Connor concur Lynch v. Donnely); now held as law

Question 11

Free Exercise Clause

Answer 11

law cannot be discriminatory in its terms or purpose (Smith)