GN 2

What are the two clauses within the First Amendment’s Freedom of Religion?

Establishment Clause: No official religion, no law respecting an establishment of religion. Free Exercise Clause: The right to practice your religion as seen fit.

Is Satanism a religion that is protected under the First Amendment?

Yes.

Freedom of Speech is part of which Amendment?

The First Amendment.

What is Strict Scrutiny?

A criterion used by the Supreme Court in civil rights and liberty cases. The government must prove that a law is constitutional, and it cannot censor material without justification.

What is the most important characteristic of Absolutely Protected Speech?

The truth.

When is speech NOT protected?

- When it presents a clear and present danger or causes imminent lawlessness.When it is false and shows reckless disregard for the truth.Libel (written lies) or slander (verbal lies).

Is “Hate Speech” Free Speech? Is it legal and protected under the First Amendment?

Yes, hate speech is considered free speech and is protected under the First Amendment.

Is it legal to burn an American flag? What was the ruling in Texas v. Johnson (1989)?

Yes, it is legal. The Supreme Court ruled 5-4 in favor of flag burning as protected symbolic speech.

What is Freedom of the Press?

The freedom to report the news without government interference.

What is prior restraint?

The government cannot block the publication of materials (newspapers, magazines, books) before they are released.

Libel

False written statements.

Slander

False spoken statements.

Is pornography protected under the First Amendment?

Yes.

Why is obscenity hard to prove or define?

It is subjective—what is offensive to some may not be offensive to others.

What is commercial speech?

Advertising for the purpose of making money.

What is a petition, and what is its purpose?

A petition is a large list of signatures sent to elected officials or authority figures to express concern about an issue.