Freedom of Speech
Freedom of Speech comes from this amendment to the Constitution
What is the 1st amendment?
This is the clause that states that the government cannot start a church or religion.
What is the establishment clause?
This amendment includes the equal protection clause.
What is the 14th amendment?
Your rights under this amendment are slightly different in public schools.
What is the first amendment?
A ______ interpretation of the Establishment Clause would say that as long as the government doesn't literally start a new religion it is fine.
What is a liberal interpretation?
It is true that this category of speech is protected under the 1st amendment, even though it is bad and hurts others.
What is hate speech?
This clause states that people have the right to practice their religion/beliefs.
What is the free exercise clause?
This is the equal protection test that applies to race, religion, and national origin.
What is strict scrutiny?
This type of speech is specifically protected in public schools thanks to the case Tinker v. DesMoines, where students had black armbands to protest a war.
What is political speech?
The second prong of the Lemon Test requires that the law/program in questions does not ____________ or inhibit religion.
What is promote?
This is the term for punishing someone for their speech before they say it. This is not allowed.
What is prior restraint?
This is the test that the government uses to decide establishment clause cases, it has 3 prongs.
What is the Lemon Test?
This is the equal protection clause test that applies to gender.
What is intermediate scrutiny?
The Engel v. Vitale case found that students cannot be forced to do this act while at public school, because it violates the Establishment Clause.
What is pray?
The Establishment Clause is often referred to as the separation between __________ and ________.
Church and State
This means that the restriction for speech is not based on what is said, but the time and place it is said.
What is content-neutral?
This is an exception to the free exercise clause.
What is if the practice goes against public morals of the time?
What is the rational basis test?
Through multiple cases, the Court has found that schools can limit freedom of speech of students if it goes against the ______________ of the school.
What is educational mission?
A ______________ interpretation of the Establishment Clause is that the government cannot give any aid (tax money) to any religious group.
What is a broad interpretation?
These types of events tend to led to restrictions on the right to freedom of speech.
What are wars/emergencies?
These are the two tests the Court uses for the free exercise clause.
Is the law object neutral? If the law is not neutral, is there a compelling government interest?
What are the two requirements of the strict scrutiny test?
What is that the program must be narrowly tailored and serve a compelling government interest?
This is a latin phrase that means "in place of parents"
What is In Loco Parentis?
This value of speech is not protected by the first amendment.
What is low value speech?