First Amendment

Front 1

Level of scrutiny for content-based restrictions (subject matter and viewpoint restrictions)

Back 1

strict scrutiny (necessary to achieve a compelling government purpose; least restrictive means)

Front 2

Level of scruity for content-neutral laws burdening speech

Back 2

intermediate scrutiny (substantially related to an important government purpose; narrowly tailored)

Front 3

Prior restraints: scrutiny for court orders suppressing speech

Back 3

Strict scrutiny (necessary to achieve a compelling government purpose; least restrictive means)

Front 4

Prior restraints: 3-part test for government licensing for speech

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(i) government must have an important reason for licensing;
(ii) clear criteria that leaves almost no discretion to the licensing authority; and
(iii)licensing schemes must contain procedural safeguards such as prompt determination of requests for licenses and judicial review

Front 5

Vagueness

Back 5

laws restricting speech may be struck down if they are unconstitutionally vague

Front 6

Overbreadth

Back 6

Laws restricting speech may be struck down if unconstitutionally overbroad (regulate substantially more speech than the Constitution allows to be regulated)

Front 7

Fighting words laws

Back 7

always unconstitutionally vague and overbroad

Front 8

Government regulation of symbolic speech (conduct that communicates)

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Government may regulate if:
(i) it has an important interest unrelated to suppression of the message, and
(ii) if the impact on communication is no greater than necessary to achieve the government's purpose

Front 9

Incitement of illegal activity

Back 9

Government may punish such speech if:
(i) there is a substantial likelihood of imminent illegal activity and
(ii) the speech is directed to causing imminent illegality

Front 10

Obscenity and sexually-oriented speech

Back 10

Speech is obscene and may be prohibited if:
(i) the material appeals to the prurient interest in sex, as judged by the local community;
(ii) the material is patently offensive, as judged by the local community, and
(iii) taken as a whole, the material lacks serious redeeming artistic, literary, political, or scientific value, under a national standard

Front 11

Profane and indecent speech is generally protected under the First Amendment, except

Back 11

in schools

Front 12

What types of commercial speech are not protected by teh First Amendment?

Back 12

(i) advertising for illegal activity, and
(ii) false and deceptive ads

Front 13

The government can prohibt true commercial speech that...

Back 13

inherently risks deception

Front 14

Non-deceptive commercial speech may be regulated, if

Back 14

Intermediate scrutiny is met:
(i) substantially related
(ii) to an important government purpose, and
(iii) narrowly tailored

Front 15

Privacy and the First Amendment

Back 15

government may limit dissemination of information to protect privacy

Front 16

Test for regulation of speech in public forums and limited public forums

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(i) subject matter and viewpoint neutral,
(ii) time, place, or manner regulations
(iii) that serve an important government purpose and
(iv) leave open adequate alternative places for communication

Front 17

Test for regulation of speech in nonpublic forums

Back 17

regulation must be reasonable and viewpoint-neutral

Front 18

Is there a First Amendment right of access to private property for speech purposes?

Back 18

NO

Front 19

Laws that prohibit or punish group membership based on the grou's illegal activity must:

Back 19

Meet strict scrutiny. It must be proven that the person:
(i) actively affiliated with the group,
(ii) knowing of its illegal activities, and
(iii) with the specific intent of furthering those illegal activities

Front 20

Laws requiring disclosure of group membership, where such disclosure would chill association, must meet

Back 20

strict scrutiny

Front 21

Laws that prohibit a group from discriminating are constitutional unless they interfere with

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intimate association or expressive activity

Front 22

The free exercise clause may not be used to challenge

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a neutral law of general applicability

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Establishment clause test (Lemon):

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(i) there must be a secular purpose for the law,
(ii) the effect of which is neither to advance nor inhibit religion, and
(iii) there must not be excessive entanglement with religion