First Amendment

Question 1

When is government aid to religious schools permitted?

Answer 1

When the aid is neutral and goes to everyone

Question 2

When is religious conduct not protected?

Answer 2

When such conduct are inconsistent with neutral, generally applicable laws - no right to religious accommodation

Question 3

What is the ministerial exception?

Answer 3

Anti-discrimination laws are inapplicable to religious institutions regarding their employment of ministers

Question 4

When are laws suppressing expression upheld?

Answer 4

1. Further important interest
2. Interest unrelated to suppression of expression
3. Burden on expression no greater than necessary

Question 5

What are the three requirements for a constitutional time place and manner restriction on expression?

Answer 5

1. Content neutral
2. Alternative channels must be provided
3. Narrowly serve a significant state interest

Question 6

What is permitted in a limited public forum?

Answer 6

Public official can have discretion in enforcing time, place, and manner regulations

Question 7

What are categories of content that can be constitutionally regulated?

Answer 7

1. Obscenity
2. Incitement / fighting words
3. Defamation
4. Commercial speech - misleading
5. License plates - government speech

Question 8

What is the difference between campaign contributions and direct expenditures?

Answer 8

1. Campaign contributions is what someone gives to a campaign
2. Direct expenditures is what a candidate spends on a campaign independent of source