Tests

Question 1

Symbolic Conduct Test (the government may regulate expressive conduct if):

Answer 1

1. Further a substantial government interest
2. Be unrelated to suppression of expression
3. Be narrowly tailored
4. Regulation is within constitutional powers of government

Question 2

An act is symbolic conduct if:

Answer 2

1. It conveys a particular message

2. Those who view the message know what you mean

Question 3

Content Neutral Restrictions Test (regulation must meet these standards to be upheld)[government can regulate time, place, manner]:

Answer 3

1. Justified without reference to context
2. Narrowly tailored
3. Serve significant/substantial government interest
4. Leave open ample means of communication

Question 4

Incitement/Advocacy of a Crime Test (speech falls under this category and is thus unprotected if):

Answer 4

1. Speech calls for imminent unlawful action
2. It is likely to produce such action
3. Express advocacy to break law

Question 5

Threat (for threat not to be protected must be):

Answer 5

1. unlawful
2. serious and specific
3. imminent

Question 6

To be defamatory speech, must be:

Answer 6

1. A false statement
2. A statement of fact
3. Of and concerning the plaintiff
4. Defamatory (i.e. cause repetitional harm)
5. Published to a third party

Question 7

Obscenity Test (to be oven, the work must):

Answer 7

1. Appeal to the prurient interest
2. Be patently offensive
3. Lack serious literary, political, artistic value

Question 8

Commercial Speech Test (restriction must):

Answer 8

1. Further a substantial government interest
2. Directly advance the government’s interest
3. Leave open alternatives for communication

Question 9

A law is over broad if:

Answer 9

its illegitimate sweep is substantially greater than its legitimate sweep

Question 10

A law is vague if:

Answer 10

average person wouldn’t know what the prohibited conduct is

Question 11

Lemon Test (law does not violate the establishment clause if):

Answer 11

1. Law has a secular purpose
2. Primary effect is not to advance or inhibit religion
3. There is not excessive entanglement between government and religion

Question 12

Right to exclude people from a group can be overcome by:

Answer 12

compelling state interest unrelated to idea suppression

Question 13

Forced inclusion by the government is related to the suppression of ideas when the inclusion:

Answer 13

affects the group’s outward message and affects the message it its members