First amendment Flashcards
1
Q
Legislation is religion-neutral
A
Lemon test: secular purpose, primary effect neither advances nor inhibits religion, and not foster excessive entanglement
2
Q
Free exercise clause
A
state may regulate activity if regulation is neutral in respect to religion and of general applicability
3
Q
Content-based discrimination
A
Apply strict scrutiny, exceptions: unprotected speech, government as speaker, content-neutral conduct, content-neutral time/manner/place
4
Q
Unprotected speech
A
Advocates violence, fighting words, hostile audience, obscene speech, defamatory speech
5
Q
Commercial speech
A
Serve substantial gov’t interest, directly advance interest, and not more extensive than necessary
