Snow Assignment 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? [Hint p 19] * Seeks to implement a substantial government interest. * Directly advances that interest * Goes no further than necessary to accomplish its objective 3. 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