TERM 1
Lemon Test
DEFINITION 1
for religion, 1) secular legislative purpose 2) must not have
the primary effect of advancing or inhibiting religion 3) must
not result in excessive governmental entanglement
TERM 2
O'Brien Test
DEFINITION 2
O'brien, destroyed draft card, symbolic speech test: 1) must
be constitutional to enact, 2) further an important or
substantial government interest, 3) that interest must be
unrelated to the suppression of speech / content neutral and
4) prohibit no more speech than is essential to further that
interest
TERM 3
Strict Scrutiny
DEFINITION 3
footnote 4: 1) Compelling governmental interest 2) narrowly
tailored (least restrictive means)
TERM 4
rational basis
DEFINITION 4
1) gov has a reasonable goal 2) is reasonably related to the
furtherance of that goal
TERM 5
use strict scrutiny when
DEFINITION 5
1) violate constitution on face 2) interferes with political
process, 3) against a discreet and insolar minority
