RULES
METHODOLOGY
SPEECH
PRESS
RELIGION
100
A tax charged to the Press better be _______ ________.
What is Generally Applicable?
100
Four "methods" to challenge a law as unconstitutional in a Freedom of Speech/Expression case.
What is (1) Content Based; (2) Vagueness; (3) Over-breadth; (4) Prior Restraint?
100
Requiring the affirmation of oath prior to receiving government benefits is an example of __________ speech.
What is compelled?
100
Rule of Law for prisons and the press.
What is the Press enjoys the same access as the general public?
100
A law that is neutral and of general applicability need not be justified by a compelling government interest even if the law has the incidental effect of burdening a particular religious practice...is the "test" for this type of case.
What is a Free Exercise Clause Case?
200
To display a nativity scene, the government do this.
What is display it next secular holiday symbols (e.g. santa, frosty, etc.)?
200
An administrative system or a judicial order that prevents speech from occurring.
What is Prior Restraint?
200
The very utterance of these inflict injury.
What are fighting words?
200
_________ media must provide equal access for political opinions BUT NOT __________ media.
What is Broadcast BUT NOT Print?
200
Constitutionally a school may teach __________ BUT NOT ____________.
What is evolution BUT NOT creationism?
300
This case establishes the Rule of Law involving materially and substantially interfering with a school environment.
What is Tinker?
300
A type of challenge providing standing to a person the law may constitutionally apply.
What is Facial challenge?
300
The Miller test for obscene speech.
What is (1) avg person would find it appeals to prurient interests; (2) describes sexual conduct in patently offensive way; (3) taken as a whole the work lacks serious literary, artistic, political, or scientific value.
300
These sources of information are not ________________ despite the name they possess.
What is confidential?
300
Under this circumstance a school may release a student for religious study.
What is the study is independent of the school and off school grounds?
400
The Lemon Test:
What is (1) statute must have a secular purpose; (2) its principle or primary effect must neither advance nor inhibit religion; (3) no excessive gov't entanglement.
400
The two content based violations requiring strict scrutiny.
What is viewpoint and subject matter?
400
Nude dancing is an example of _______ ________ speech.
What is low value?
400
****DAILY DOUBLE****The Press possesses the same constitutional access to _____________ ________________ as the general public.
What are judicial proceedings?
400
A nondiscriminatory law raising Establishment Clause issues applies this test.
What is the Lemon Test?
500
***DAILY DOUBLE***The Brandenburg Test for incitement requires _______, _______, and ___________.
What is (1) inciting to produce imminent harm; (2) a likelihood of producing illegal action; (3) intent to cause imminent illegality.
500
A reasonable person cannot tell what speech is prohibited and what speech is permitted.
What is Vagueness?
500
Allowing and protecting various types of positive and negative speech promotes the 1st Amendment concept referred to as the ________ ___ ________.
What is the Marketplace of Ideas?
500
Members of the press attempt to use the 1st amendment as both a ___________ and _____________.
What is sword and shield?
500
The Rule of Law regarding religious school receiving government funding.
What is generally available OK; specific grants to religious school NOT OK?
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