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First Amendment Freedoms << Freedom of Speech Establishment Clause…
First Amendment Freedoms
<< Freedom of Speech
Establishment Clause >>
Freedom
of Speech
CONTENT
Content
Neutral
Intermediate
Scrutiny
important
interest unrelated
to speech
narrowly
tailored
Content
Based
Presumptively
Unconstitutional
Strict
Scrutiny
Unprotected
Speech
lawless
action
Fighting
Words
Obscene
offensive
no artistic value
prurient
defamation
public
official
false
actual malice
knowledge of
falsity
reckless
disregard for
truth
false ad
compelling
interest
CONDUCT
Time, Place, Manner
Public: sidewalks, streets, parks
Designated: school rooms
Content Neutral &
Intermediate
Scrutiny
non-Public
Forum
Viewpoint Neutral &
Rational
Review
Prior
Restraints
Strict Scrutiny,
Narrowly Tailored,
Procedural Safeguards.
Reasonableness
of Regulation
Overbroad;
Void for Vageness;
Unfettered Discretion.
Establishment
Clause
Lemon
Test
(1) Secular Purpose;
(2) Primary effect neutral;
(3) Minimal government Entanglement