First Amendment Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

When is government aid to religious schools permitted?

A

When the aid is neutral and goes to everyone

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2
Q

When is religious conduct not protected?

A

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

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3
Q

What is the ministerial exception?

A

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

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4
Q

When are laws suppressing expression upheld?

A
  1. Further important interest
  2. Interest unrelated to suppression of expression
  3. Burden on expression no greater than necessary
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5
Q

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

A
  1. Content neutral
  2. Alternative channels must be provided
  3. Narrowly serve a significant state interest
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6
Q

What is permitted in a limited public forum?

A

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

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7
Q

What are categories of content that can be constitutionally regulated?

A
  1. Obscenity
  2. Incitement / fighting words
  3. Defamation
  4. Commercial speech - misleading
  5. License plates - government speech
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8
Q

What is the difference between campaign contributions and direct expenditures?

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