JOUR 275 Lecture Notes - Lecture 6: First Amendment To The United States Constitution
Document Summary
Rational review: a standard of judicial review that assumed the constitutionality of reasonable legislative or administrative enactments and applies min scrutiny. Content-based laws: laws enacted because of the message, the subject matter, or the ideas expressed. Content-neutral laws: laws enacted to advance a government purpose unrelated to the content of speech time/place/manner laws: a 1st amendment concept that laws regulating the conditions of speech are more acceptable than those regulating content. Compelling interest: a government interest of the highest order - an interest the govmt is required to protect. Symbolic expression: action that warrants some 1st amendment protection because its primary purpose is to express ideas. Intermediate security: a standard applied by the courts to review laws that implicate core constitutional values; also called heightened review. O brien test: a 3 part test used to determine whether a content-neutral law is constitutional.