1. If a government restricts the content of an expression of free speech, what test must be met? What are the elements (2) of that test? [Hint p 17]
* The test is whether a reasonable person would interpret the conduct as conveying some sort of message.
* Make sure the message does not cause a problem in society.
2. What 3 things must be present to have a valid restriction on commercial speech? ...view middle of the document...
What sorts of things are considered "Unprotected Speech"? [Hint p 20 and the Power Point]
* Speeches that violates criminal law
* “fight words”
* Obscene speech
4. What is the difference between the Establishment Clause and the Free Exercise Clause?
* Establishment Clause prohibits the government to from establishing a state-sponsored religion, as well as passing laws that promote or show preference to one religion over another.
* Free Exercise Clause guarantees that a person can hold any religious beliefs that they want, or the person can have no religious beliefs.
5. Under a Massachusetts state statute, large wineries could sell their products through wholesalers or to consumers directly, but not both. Small wineries could use both methods. Family Winemakers of California filed a suit against the state, arguing that this restriction gave small wineries a competitive advantage in violation of the U.S. Constitution. Which source of law takes priority and why?
* Equal protection because the government has to treat similar situated individuals in a similar manner.