gov 1st amendment test

freedom of speech and press purposes

guarantee each of us the right to express ourselves

guarantee all of us the right to hear all viewpoints

protect the expression of unpopular views : “freedom for the thought we hate”

freedom of speech and press not protected

the clear present danger

• fire in crowded theater

• direct physical danger

• seditious speech - urging the violent overthrow of the government

libel

false and malicious use of printed words

slander

false and malicious use of spoken words

obscenity the rule

the average person, applying contemporary community standards, finds the work, taken as a whole, appeals to the “prurient interest”

the work describes in a patently offensive way sexual conduct dealt with an obscenity law

the work, taken as a whole, lacks serious literary, artistic, political, or scientific value

symbolic speech

nonverbal conduct which is meant to carry message or idea

this can be considered protect speech

freedom of assembly and petition protected

the right to organize and protest

right to bring views to public officials through petitions, parades, marches

freedom of assembly and petition not protected

civil disobedience: conscious breaking of laws in protest

freedom of assembly and petition allowable restriction

time

manner

place

restrictions must be content neutral

the establishment clause

congress shall make no law respecting an establishment of religion

the free exercise clause

congress shall make no law prohibiting the free exercise thereof

the lemon test

• the purpose of the aid must be clearly secular

• its primary effect must be neither advance nor inhibit religion

• it must avoid an excessive entanglement of government with religion