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study guide for constitutional law exam 3

study guide for constitutional law exam 3 - Patrick Moore...

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Patrick Moore Study Guide for Exam 3 Constitutional Law Amendment I- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Speech - Rumsfield, Texas, Barnes Religion - Employment, McCreary- establishment Rule for speech : What is being regulated? If speech then A. what is the nature of the restriction 1. Viewpoint- presumed invalid unless Govt can pass scrutiny test 2. Content- 3. Time, place, manner- Obrien test 4. Compelled speech 5. Compelled inclusion If conduct then A. Is the conduct expressive -reasonably interpreted to convey a message If not no 1 st amendment protection If so Obrien Test 1 st Amendment-religion and establishment (McCreary) Lemon Test - establishment cases 1. Gov’t action must have a secular legislative purpose 2. Gov’t action must not have the primary effect of either advancing or inhibiting religion
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