Term
| Commercial Speech (Central Hudson) |
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Definition
1. Speech must be lawful and not misleadin
2. Gov interest must be substantial govt interest
3. Regulation directly advances govt. interest
4. Gov. interest can only be accomplished through restrictions on speech with no alternative
*Giving an alternative is a way to get away with it |
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Term
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Definition
1. Membership in a group that is actively engaged in unlawful activity
2. Individual member knows of the groups illegal activity
3. HAs specific intent of furthering group's illeal speech |
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Term
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Definition
1. Whether to the average person applying community standards would find that the work taken as a whole appeals to the prurient interest
2. Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. Whether the work, taken as a whole, lack serious literary, artistic, political, or scientific value |
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Term
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Definition
1. Content based - strict scrutiny
2. Content neutral - intermediate scrutiny |
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Term
| Content neutral regulation of speech |
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Definition
1. Reasonable time place and manner
a.. Must be narrowly tailored to achieve a significant government interest AND
b. Must leave open alternative channels for communication of the information |
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Term
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Definition
1. Gov must have a compelling gov interest for content based regulation AND
2. Regulation must be narrowly tailored |
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Term
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Definition
1. Generally closed to public but open to a limited class of people
2. For those in the class, it is public forum, if you're not in the class, it's a closed forum |
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Term
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Definition
1. Look at nature of property and pattern of activity
2. Compatibility - whether the speech is appropriate with the place
3. Legit gov interest
4. Regulation must be narrowly tailored |
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Term
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Definition
Regulation is const if:
1. Furthers a subst. govt interest
2. Interest must be content neutral
3. Regulation doesn't prohibit more speech than necessary to further interest
4. Must be alternative avenues for the speech to occur |
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Term
| Government Employee Speech |
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Definition
To restrict, must:
1. Be matter of public concern
2. Not interfere with operation of the institution
3. Not be directed at a person or institution
4. Not be false |
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Term
| Agostini Lemon School funding factors |
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Definition
1. Aid all children
2. Neutrality - independent private choices case aid to go to private school
3. does it DEFINE recipients by religion
4. does it give INCENTIVE to get religious |
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Term
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Definition
1. Determine if there is a sincerely held religious belief
2. Is the govt requiring performance of an act that is contrary?
3. Can gov. interest be accomplished without burdening?
If yes, must accommodate, if no, accommodation not required but permissive. |
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Term
| Permissive Accomodation (free excercise) |
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Definition
1. Govt. Must satisfy Lemon test
2. If lemon is satisfied, then Rational basis |
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