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Constitutional Law > First Amendment Freedoms > Flashcards

First Amendment Freedoms Flashcards

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1
Q

First Amendment

A

prohibits Congress from establishing religion or interfering with the free exercise of religion, abridging the freedoms of speech and press, or interfering with the right of assembly. These prohibitions are applicable to the states through the Fourteenth Amendment.

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2
Q

Government Speech

A

The Free Speech Clause restricts government regulation of private speech; it does not require the government to aid private speech nor restrict the government from expressing its views. Generally, government speech and government funding of speech will be upheld if rationally related to a legitimate state interest.

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3
Q

Limitation to government speech rule

A

spending programs may not impose conditions that limit First Amendment activities of fund recipients outside the scope of the spending program itself. ex. the gov cannot require recipients of federal funds given to organizations to combat HIV/AIDS to agree in their funding documents that they oppose prostitution.

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4
Q

public monument

A

a city’s placement of a permanent monument in a public park is government speech, even if monument is privately donated.

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5
Q

When gov does fund private speech

A

must do so on viewpoint neutral basis unless its artists than it is based on the content of the art.

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6
Q

trademark protection

A

not government speech, private speech and is subject to strict scrutiny

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7
Q

content regulations

A

regulations forbidding communication of specific ideas

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8
Q

conduct regulations

A

regulations of the conduct associated with speaking, such as the time of the speech, sound level, etc.

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9
Q

content neutral speech regulations

A

subject to intermediate scrutiny - they must advance important interests unrelated to the suppression of speech and must not burden substantially than necessary (or must be narrowly tailored to further those interests.

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10
Q

conduct

A

can be regulated by content-neutral time, place and manner restrictions.

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11
Q

Overbroad

A

a regulation of speech or speech related conduct punishes a substantial amount of protected speech in relation to its plainly legitimate sweep is facially invalid.

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12
Q

Void for Vagueness

A

if a criminal law or regulation fails to give persons reasonable notice of what is prohibited it will violate the DPC

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13
Q

Cannot give officials unfettered discretion

A

a regulation cannot give officials broad discretion over speech issues there must be defined standards for applying the law. If a statute gives licensing officials unbridled defined standards it is void on its face and speakers dont need to apply for a permit.

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14
Q

Scope of Speech

A

includes the freedom not to speak, symbolic acts

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15
Q

Can the government require you to salute the flag or display other messages with which you disagree?

A

No

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16
Q

symbolic acts

A

government may regulate if it has an important interest in the regulation independant of the speech aspects of the conduct and incidentally burdens the speech is not greater than necessary.

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17
Q

Can government compel a person to subsidize private messages she disagrees with

A

no, non-union members do not have to pay union dues

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18
Q

Can gov tax people and use revenue to express a message with which they may disagree?

A

yes, ( a beef producer can be required to pay an assessment to support government-sponsored generic advertising of beef even if the producer thinks generic advertising is a waste of money)

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19
Q

exception University Fees

A

The government can require public university students to pay a student activity fee even if fee is used to support political and idealogical speech by student groups whose beliefs are offensive to the student, as long as the program is viewpoint neutral.

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20
Q

Test for time place and manner restrictions on public forums and designated public forums

A

content neutral
narrowly tailored to serve an important government interest
leave open alternative channels of communication
- most government interests pass this

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21
Q

Test for limited public forums and non-public forums

A

viewpoint neutral

reasonably related to a legitimate government purpose

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22
Q

public forums

A

streets, sidewalks, public parks, the internet.

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23
Q

designated public forums

A

school rooms that are open for after school use by social, civic, or recreation groups.

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24
Q

limited public forums

A

school gym opened to host a debate on a particular community issue

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25
Q

nonpublic forums

A

government property not historically linked with speech and assembly and not held open for speech activities, such as military bases, schools while classes are in session, government workplaces, etc.)

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26
Q

regulations on content test

A

must be necessary to achieve a compelling government interest.

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27
Q

unprotected speech

A 
inciting imminent lawless action
fighting words
obscenity
defamatory speech
some commercial speech
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28
Q

inciting imminent lawless action

A

creates a clear and present danger of imminent lawless action. Must be shown that imminent illegal conduct is likely and that the speaker intednded to cause it

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29
Q

fighting words

A

true threats or personally abusive words that are likely to incite immediate physical retaliation in an average person. SC will not tolerate statutes that punish only certain viewpoints. usually vague or overbroad

30
Q

obscenity elements

A

appeals to the prurient interest in sex, using a community standard
is patently offensive and an affront to community standards
lacks serious value (literary, artistic, political, or scientific) using a national reasonable person standard.

31
Q

land use regulation

A

a land use or zoning may limit the location or size of adult entertainment if the regulation is designed to reduce secondary effects of such businesses. cannot all out ban

32
Q

liquor regulation

A

under 21st A, states have broad power to regulate intoxicating beverages. Laws relating to this power that affect free speech rights generally will not be set aside unless they are irrational

33
Q

defamatory speech

A

if it is about a public official or public figure or involves a public concern, the first A requires the plaintiff prove all elements of defamation plus falsity and some degree of fault.

34
Q

Commercial Speech that proposes unlawful activity or that is misleading or fraudulent …

A

may be burdened not protected

35
Q

Other commercial speech test

A

regulation must
serve a substantial government interest
directly advance that interest and
is narrowly tailored to serve that interest.

36
Q

Prior Restraints

A

court orders or administrative systems that prevent speech before it occurs, rather than punish afterwards rarely allowed. Gov must show special societal harm will otherwise result

37
Q

Prohibiting publishing of troop movements in times of war

A

valid

38
Q

prohibiting publication of the pentagon papers because it might have an effect on the Vietnam War

A

invalid

39
Q

Enforcing contractual prepublication review of CIA’s agent writings

A

valid

40
Q

Prohibiting grand jury witness from ever disclosing testimony

A

invalid

41
Q

Procedural safeguards for prior restraint to be valid

A

the standards must be narrowly drawn, reasonable, and definite
injunction must promptly be sought
there must be prompt and final determination of the validity of the restraint

42
Q

Movie censorships

A

court allows the government to establish censorship boards to screen movies before they are release, as long as the procedural safeguards discussed are followed

43
Q

Freedom of press

A

has no greater First Amendment Freedom than does a private citizen

44
Q

Publication of truthful information

A

press has right to publish truthful information regarding a matter of public concern and right can only be restricted by a sanction that is narrowly tailored to further an interest of the highest order.

45
Q

Press Access to Trials

A

the first a guarantees the public and press a right to attend criminal and probably civil trials. However, the right may be outweighed by an overriding interest stated in the trial judges findings. The right includes the 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 higher value

46
Q

press and grand jury

A

members of press may be required to testify before a grand jury

47
Q

fairness doctrine

A

first A does not require broadcasters to accept political advertisements However a radio station may constitutionally be requires to offer free broadcasting time to certain individuals (e.g. opponents of political candidates or views endorsed by the station or persons who have been personally attacked on the broadcast.

48
Q

Internet regulation

A

strict standard

49
Q

cable television

A

between intermediate scrutiny and strict

50
Q

Freedom of Association

A

implied from the rights noted in First A. The gov may neither prohibit politically unpopular groups nor unduly burden a person’s right to belong to such groups. not absolute right justified by a compelling government interest unrelated to the ideas and is the least restrictive means of protecting government interest.

51
Q

Electorial Process

A

court uses balancing test to determine whether a regulation of the electoral process is valid

52
Q

Limits on contributions

A

statute limiting election contributions is subject to intermediate scrutiny - must be closely drawn to match a sufficiently important interest. gov cant limit support or oppose on ballot referendum

53
Q

Limits on expenditures

A

gov cant do it

54
Q

regulations of core political speech

A

must pass strict scrutiny to preserve public confidence in the integrity of the judiciary.

55
Q

Goverment Employee Official Duty Exception

A

A government employer may punish a public employee’s speech whenever the speech is made on the job pursuant to the employee’s official duties, even if the speech touches on a matter of public concern.

56
Q

Government Employee: Other Speech

A

If speech is not made pursuant to an employee’s official duties two tests apply :
If a government employee’s speech does not involve a matter of public concern, the courts give the government employer a wide deference and allow the employer to punish the employee if the speech was disruptive of the work environment.
However if a matter of public concern is involved, courts must balance employee’s rights as a citizen to comment on a matter of public concern against governments interest.

57
Q

School Sponsorship if extracurricular activities

A

can be subject to regulation that is viewpoint neutral and reasonably related to a legitimate government interest

58
Q

Free Exercise Clause

A

prohibits government from punishing someone on the basis of religious beliefs

59
Q

Examples of Free Exercise Clause

A

State governments requiring office holders or employees to take a religious oath (fed gov cant do this either)
States from excluding clerics from holding public office
courts from declaring a religious belief to be false

60
Q

a law that prohibits the precise type of animal slaughter used in ritual by a particular religious sect

A

unconstitutional

61
Q

exemption for ministers

A

no suits alleging employment discrimination by ministers against religious organizations (includes any position in the congregation that is ministerial)

62
Q

Exception - Unemployment Compensation cases

A

A state cannot refuse to grant unemployment benefits to persons who quit their jobs for religious reasons, as long as belief is sincere.

63
Q

Right of Amish Not to Educate Children

A

SC has granted Amish an exemption from a law requiring compulsory school attendance until age 16

64
Q

Establishment clause

A

invalid unless

  1. has a secular purpose
  2. has a primary effect that neither advances nor inhibits religion and
  3. does not produce excessive government entanglement with religion.
65
Q

Sunday Closing

A

Valid

66
Q

Invalid establishment clause cases - non financial aid and education cases

A

delegation of zoning power to religious organization
requirement that all employers grant all workers their Sabbath day off
Christmastime display of only religious symbols
displaying Ten Commandments when the purpose is predominantly religious

67
Q

Invalid establishment clause cases - Recipient Based Aid

A

Tax credits only to parents of private school students for educational expenses

68
Q

Invalid establishment clause cases - Aid to Religious Grade and High Schools

A

Reimbursement to private schools for writing achievement tests
Providing private schools with teachers, or money to pay teachers, of secular classes
Tax exemption only for religious associations or activities

69
Q

Invalid establishment clause cases - Religious Activities in School

A

ending classes early to give voluntary in-school religious classes.
Prayer, bible reading, or posting Ten Commandments in classrooms or at school football games
Requiring creation science be taught

70
Q

Ending classes early to allow students to attend off school religious classes

A

valid

Constitutional Law (14 decks)

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