Show:
Free Exercise
Establishment
Free Speech
Speech that is Free
Equal Protection
100
The free exercise clause protects religiously motivated conduct if _____.

Unless interference is motivated by animus towards religion or a specific belief system.

100

The first prong of the Establishment Clause test is:

The law must have a secular purpose.
100

The standard of review for a content based law is:

Strict scrutiny.

100
These categories of speech fall under Brandenburg.

Incitement and hate speech.

100

The three standards of review for equal protection are.

1. Rational basis, 2. intermediate scrutiny, 3. strict scrutiny.

200

Under this exception, the government can regulate the use of illegal drugs, despite an impact on free exercise.

Neutral law of general applicability.

200

The second prong of the 3 part Establishment Clause test is:

The effect of the law must neither advance nor inhibit religion.

200
The standard of review for a content neutral regulation is:

Rational basis.

200

Incitement requires:

Imminent harm, likelihood of producing illegal action, and intent to cause imminent illegal action.

200

To meet strict scrutiny, the government must prove.

That a law is narrowly tailored to serve a compelling government interest.

300
Courts may look to ____ instead of applying a standard of review.
The national history and tradition.
300

The third prong of the 3 part test is:

The law must not foster excessive government entanglement with the establishment of religion.

300
This standard of review applies in public forums and designated public forums.

Strict scrutiny.

300

The three part Miller test for obscenity is:

1. Tendency to cause lustful thoughts, 2. depicts or describes sexual conduct in a patently offensive manner, 3. lacks social value under national reasonable person standard.

300
These two categories fall under intermediate scrutiny.

Illegitimacy and gender.

400

These are two exceptions where laws can abridge free exercise.

Polygamy and use of illicit substances.

400
To fail the 3 part test, how many prongs must be violated?

One.

400

This level of scrutiny applies to commercial speech that is not fraudulent or misleading.

Intermediate scrutiny.

400
Define the Central Hudson test.

The central hudson test for commercial speech requires that the speech isn't illegal or misleading, then 1. the government has a substantial interest, 2. the regulation must directly and materially advance the government's substantial interest, and 3. the regulation is narrowly tailored.

400

Name the suspect classifications.

Alienage, race, religion, national origin, illegitimacy, and gender.
500

Define fighting words.

Fighting words are words that would cause an ordinary person to react violently.

500

What level of scrutiny applies to political speech?

Exacting scrutiny.

500

Name the fundamental rights.

Right to travel (domestically), education, privacy (abortion, birth control), right to parent, right to cohabitate with family members, right to marry.