On final:

3 point test to determine if something is obscene and not protected by the 1 st amendment –
consider each factor --- p 1418?

4-part… must be public official/clear convincing evidence/actual malice/reckless disregard for

the truth test ---- on exam…. P1513

scrutiny levels on the exam

regulation of time/place/manner = strict scrutiny

want a question of substance from each person – will pick one and put on exam by Sunday @
5pm
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topics:
political speech – mcmackintire
overbreadth or vagueness
equal protection – race (strict scrutiny),
establishment clause
procedural due process
free exercise clause
school speech – tinker case
rational basis question
public employee question
substantive due process question
content based question
right to marry question
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one big hypo – go over several things and pick something
then a series of short answers
maybe one small hypo

two 3-part tests..

lemon test – say it came from lemon case