06 Freedom of Expression and Religion Free Online FlashCards

How do First Amendment protections apply to state governments?

The First Amendment’s protections apply to state and local governments through the Fourteenth Amendment’s Due Process Clause.

What does the Establishment Clause prohibit?

The Establishment Clause prevents government from officially creating, endorsing, sponsoring, or coercively supporting religion.

What distinguishes content-based from viewpoint-based restrictions?

A content-based speech restriction applies differently according to the subject or message of the speech; a viewpoint-based restriction favors one position over another.

What did Tinker protect?

In Tinker, students’ black-armband protest was protected because the school lacked evidence of material and substantial disruption or invasion of others’ rights.

What is a prior restraint?

A prior restraint prevents speech or publication before it occurs. It receives a strong presumption against constitutionality.

What activities does the Assembly Clause protect?

The Assembly Clause protects peaceful gathering for discussion, association, protest, worship, labor activity, and political organization.

What makes a law overbroad?

An overbroad law prohibits a substantial amount of protected speech along with unprotected conduct it may legitimately regulate.

What framework replaced Lemon as the controlling Establishment Clause approach?

Kennedy v. Bremerton School District stated that Establishment Clause analysis should be guided by historical practices and understandings, replacing Lemon’s controlling role.

What rule did Employment Division v. Smith establish?

Under Employment Division v. Smith, a neutral law of general applicability ordinarily does not violate the Free Exercise Clause merely because it incidentally burdens religious conduct.

What does strict scrutiny require?

Strict scrutiny requires a compelling governmental interest, narrow tailoring, and no less restrictive alternative that would be comparably effective.

What test governs content-neutral time, place, and manner rules?

A content-neutral time, place, and manner rule must be justified without reference to speech content, narrowly tailored to a significant governmental interest, and leave ample alternative communication channels.

When may advocacy be punished as incitement?

Brandenburg permits punishment only when speech is directed to inciting imminent lawless action and is likely to produce that action.