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MBE Con. Law III

Constitutional Law - First Amendment Protectionn

TermDefinition
"Content Specific" Regulation "Protected Speech" =Apply Strict Scrutiny -"Unprotected" Speech: 1)Clear and present danger 2)Defamation 3)Obscenity 4)Child pornography 5)"Fighting words" 6)Fraudulent commercial speech
"Content Neutral" Regulation of Time, Place, Manner (Method) Apply 3-Part test. Regulation Must: 1)Further a significant govt interest 2)Be narrowly tailored, and 3)Leave open alternative channels of communication
4 Facial Attacks 1)Over Breadth 2)Vagueness 3)Prior Restraints 4)Unfettered Discretion
Public Speaking Forums 1)Public Forum-streets, sidewalks, public parks (areas generally open to the public) 2)Limited Public Forum-School Rooms (opened by state on permanent/limited basis) 3)Non public Forum-most other public places (military bases, city bus, gov't workplaces
Vice Advertising (Central Hudson) Gov't Regulation must: 1) Directly advance 2) A substantial gov't interest, 3)and "narrowly tailored"
Free Exercise Methodology -Purposeful interference=Apply strict scrutiny test -Incidental burden=Apply rational basis test
Establishment Clause (In order to violate the lemon test) 1)The primary purpose must be secular 2)Primary effect must neither inhibit nor advance religion 3)No excessive gov't entanglement with religion
Created by: Gkell001