First Amendment Flashcards
When is government aid to religious schools permitted?
When the aid is neutral and goes to everyone
When is religious conduct not protected?
When such conduct are inconsistent with neutral, generally applicable laws - no right to religious accommodation
What is the ministerial exception?
Anti-discrimination laws are inapplicable to religious institutions regarding their employment of ministers
When are laws suppressing expression upheld?
- Further important interest
- Interest unrelated to suppression of expression
- Burden on expression no greater than necessary
What are the three requirements for a constitutional time place and manner restriction on expression?
- Content neutral
- Alternative channels must be provided
- Narrowly serve a significant state interest
What is permitted in a limited public forum?
Public official can have discretion in enforcing time, place, and manner regulations
What are categories of content that can be constitutionally regulated?
- Obscenity
- Incitement / fighting words
- Defamation
- Commercial speech - misleading
- License plates - government speech
What is the difference between campaign contributions and direct expenditures?
- Campaign contributions is what someone gives to a campaign
- Direct expenditures is what a candidate spends on a campaign independent of source