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18 Cards in this Set
- Front
- Back
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What are the categories of potential places that are available for speech?
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1. Public forums
2. Limited public forums 3. Non-public forums 4. Private property |
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Public forums?
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Gov't properties that gov't is constitutionally required to make available for speech (parks and sidewalks)
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Limits on public forums?
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1. Regs must be subject matter/viewpoint neutral. If not, strict scrutiny.
2. Regs must be a time, place, or manner regulation that serves an important gov't purpose and leaves open adequate alternative places for communication 3. Gov't regulation of public forums need not use the least restrictive alternative. 4. City officials can't have discretion to set permit fees for public demonstrations. |
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Limited public forums?
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Gov't properties that the gov't could close to speech, but chooses to open to speech.
Same rules as with public forums. |
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Non public forums?
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Gov't properties that the gov't constitutionally can and does close to speech. Regulation must be reasonable (rational basis) and viewpoint neutral.
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Examples of non public forums?
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Military bases, areas outside prisons/jails, advertising space on city buses, sidewalks on post office property, and airports.
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No 1st amendment right of access to private property for speech purposes. Example?
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Privately-owned shopping centers.
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Laws that prohibit or punish group membership must meet which test?
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Strict scrutiny
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To punish membership in a group, it must be proven that the person:
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1. Actively affiliated with the group
2. Knowing of its illegal activities; and 3. with the specific intent of furthering those illegal activities. |
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Laws that require disclosure of group membership, where such disclosure would chill association, must meet what test?
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Srict scrutiny.
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Laws that prohibit a group from discriminating are constitutional unless what?
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They interfere with intimate association (small dinner party) or expressive activity (Boy Scouts having a message against Gays)
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Which clauses are applicable under freedom of religion?
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1. Free exercise clause
2. Establishment clause |
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The free exercise clause cannot be used to challenge what?
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A neutral law of general applicability.
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The gov't may not deny benefits to individuals who...?
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Quit their jobs for religious reasons.
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The TEST under the Establishment clause?
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1. There must be a secular purpose for the law
2. The effect must be neither to advance nor inhibit religion 3. There must not be excessive entanglement with religion |
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Gov't can't discriminate against religious speech or among religions unless...?
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Strict scrutiny is met.
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Gov't sponsored religious activity in public schools is unconstitutional, BUT?
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But religious student and community groups must have the same access to school facilities as non-religious groups.
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The gov't may give assistance to parochial schools, so long as what?
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So long as it is not used for religious instruction. The gov't may provide parents vouchers which they use in parochial schools.
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