First Amendment

Question 1

Designated public forum or public forum restrictions?

Answer 1

must be 1) content neutral 2) leave alternate channels for communication open and 3) be narrowly tailored to achieve a significant gov interest

Question 2

nonpublic forum Restrictions??

Answer 2

must be 1)viewpoint neutral and not aimed at the suppresion of speech

Question 3

Limited public form restrictions??

Answer 3

viewpoint neutral and reasonably related to a legitimate gov purpose

Question 4

if its content based what happens

Answer 4

STRICT SCRUTINY

Question 5

what is speech

Answer 5

expressive conduct - can either be inherently expressive or conduct intended to convey a message that is reasonably likely to be perceived as conveying a message

Question 6

if a reg is content neutral what happens

Answer 6

if its both subject mattter and viewpoint neutral - intermediate scrutiny –> must advance important interests unrelated to the suppression of speech and must not burden substantially more speech than necessary

Question 7

censoring personal student speech on campus

Answer 7

a students own personal speeech on campus cannot be censored absent ev of substantial disruption
EXCEPTION - speech promoting illegal drug use does not require showing of any disruption or credible threat of disruption

Question 8

reg of personal student speech off campus

Answer 8

when speech occurs off campus, it wil be harder to censor - can only do so to prevent cheating, bullying, threats and other speech where pedagogical or other safety interests outweigh speech interests of students as private citizens

Question 9

restrictions on speech related to schools teachings

Answer 9

regulations must be reasonably related to legitimate pedagogical concerns

Question 10

unprotected gov employee speech

Answer 10

if speech while at work involves private concern, the employer can punish the employee if the speech was disruptive of the work environment; can also punish if speech is made on the job and pursuant to employee’s official duties even if job touches on matter of public concern

Question 11

protected gov employee speech

Answer 11

if speech is on a matter of public conern but is not made pursuant to the employee’s official duties, the courts will do a balancing test (value of speech against the gov’s interest in the efficient operation of workplace)
-for speech on matters of private concern outside of the workplace, the test is unclear but appears protected minus detrimental effect on workplace

Question 12

gov can prohibit federal executive branch employees from taking active part in political campaigns

Answer 12

cant fire or hire public employee based on party affiliation or political views (except as to policy making positions when party affiliation and views are relevant

Question 13

bans on receiving honoraria

Answer 13

provision banning gov employees from receiving honoraria from speech articles etc. violates 1A when applied to rank and file employees

Question 14

oaths of loyalty for employees

Answer 14

can do an oath as long as:
-not overbroad such as preventing membership in communist party or require abstention from advocating overthrow iof gov as abstract doctrine
-an oath requring employees to support the constitution and oppose unlawful overthrow of gov is valid but cant require employees to support flag

Question 15

can gov require disclosure of associations of its employees?

Answer 15

no - cannot require disclosure of all memberships as condition for gov employment or other benefit
-can only inquire into activities relevant to employment or benefit sought

Question 16

freedom of the press

Answer 16

has no greater 1A freedom than any private citizen

Question 17

obscenity cases

Answer 17

seizures of books and films, movie censorship, burden of gov –> see cmr page 93

Question 18

access to trials

Answer 18

1A guarantees public and press a right to attend criminal and civil trials but the right may be outweighed by an overriding interest stated in the trial judge’s findings; right includes right to be present at voir dire and at other pretrial proceedings unless the judge makes specific findings that closure was narrowly tailored to preserve a higher value

Question 19

can press be subject to taxes/regulations?

Answer 19

Yes - can be subjected to general business regulations or taxes but cant be targeed for special regs or taxes

Question 20

broadcasting regulations

Answer 20

gov can protect vieewers and listeners from indecent speech over the airwaves because of uniquely pervasive and accessible nature of broadcasting; can also manage access and ownership of broadcast spectrum to promote public interest in receiving info
-may constittuionally be required to offer free broadcast time to certain individuals (example, opponents of political candidates or views endorsed by the station)

Question 21

internet and cable tv regulation

Answer 21

strict scrutiny if content based and intermediate scrutiny if content neutral

Question 22

gov speech on gov property

Answer 22

relevant factors are: history of expression at issue, public’s likely perception of who is speaking, extent to which gov has shpad message

Question 23

tm protection

Answer 23

not gov speech - private speech, so content based restrictions subjec to strict scrutiny

Question 24

limit on election campaign contributions

Answer 24

intermediate scrutiny - must be closely drawn to match a “sufficiently important interest)
-laws may limit amount of money that a person, group etc. may contribute to a political candidate but gov may not limit the amount of money that may be spent to support or oppose a ballot referndum

Question 25

aggregate campaign contribution limits

Answer 25

unconstitutional - cant limit the amount one person or entity gives during an election–> doesnt advance govs interest in preventing quid pro quo corruption or the appearance of such

Question 26

limits on campaign expenditures

Answer 26

cant limit amount a candidate spends on campaign

Question 27

laws that discriminate based on religion

Answer 27

subject to strict scrutiny - it is discriminatory if it is either not neutral on its face or facially neutral but not generally applicable (by design, it targets religion generally or a religion in particular)

Question 28

are laws with system for exemptions generally applicable under free exercise clause?

Answer 28

NO - if gov officials have discretion to grant exemptions its not generally applicable

Question 29

does the free exercise clause require religious exemptions? ever?

Answer 29

does not require exemptions but granting one doesnt violate EC

Question 30

ministers free exercise exemption

Answer 30

religious orgs must be granted exemption from suits alleging employment discrim by ministers against religious orgs - applies to any ministerial position (teachers at religious schools)

Question 31

exception - unemployment compensation cases

Answer 31

if a states unemployment regs allow people to refuse work for good cause then they cant refuse to grant benefits for those who quit based on religious reasons

Question 32

can the gov exclude religious org from benefits program solely because it is religious

Answer 32

no. example, if the state provides textbooks to secular private schools, must also provide for religious private schools that are otherwise eligible

Question 33

cases involving financial benefits to religious institutions

Answer 33

must be neutral toward religion to avoid violating EC
-treating religious private schools the same as non religious private schools for subsidizing education does not violate the EC and is required by the free exercise clause