Which of the following is considered protected speech under the First Amendment?
response - incorrect
A
Speech creating a clear and present danger of imminent lawless action
B
Fighting words
C
Commercial speech
D
Obscenity
Commercial speech
Commercial speech is protected by the First Amendment. However, false or misleading commercial speech is not protected by the First Amendment. Moreover, commercial speech can be regulated if the regulation serves a substantial government
The Supreme Court has ruled that a few categories of speech are not protected by the First Amendment. Among these categories is speech presenting a clear and present danger of imminent lawless action. In determining whether speech falls within this catego
is directed to producing or inciting imminent lawless action and is likely to produce such action
Speech may be punished or banned under the clear and present danger test whenever it is directed to producing or inciting imminent lawless action and is like
Among the categories of speech that are not protected by the First Amendment is "fighting words."
Which of the following statements is not true when it comes to regulation of fighting words?
response - correct
A
Fighting words�words or epithets that, when
Hate crime statutes may limit fighting words sanctions to cases in which the words seek to insult or provoke on the basis of race, religion, or sexual orientation.
It is not true that hate crime statutes may limit fighting words sanctions to cases in whic
Which of the following is not considered a type of "fighting words" that may be forbidden by statute?
response - incorrect
A
Statements likely to incite physical retaliation.
B
Conduct undertaken with the intent to cause fear of bodily harm (e.g., cross b
Abusive language."
A statute that prohibits "abusive language" is overbroad and thus not an enforceable fighting words statute. Lots of language that is "abusive" is protected speech.
Statements meant to place a person in fear of bodily harm and statemen
After a state supreme court overturned the conviction in a murder case for failure to give proper Miranda warnings, a reporter asked the murder victim's father to comment on the case as he exited the supreme court building. The father made the following s
The victim's father could not be constitutionally punished under these circumstances, but the statute is constitutional on its face.
The statute is not unconstitutional. True threats are not protected by the First Amendment. Moreover, content-based restri
After the failure of a state bill granting gay and lesbian couples the right to marry, 30 students from a local university marched on the state capitol to protest, carrying signs with slogans such as "let gays marry" and "no religious tyranny." As they ma
Yes, because the leader's arrest constituted an interference with his First Amendment right to free speech.
The speaker's conviction will be reversed. A park is a public forum. The government can limit rights of speech in such a forum only when there is a
Because of budget shortfalls, a state governor recently signed a bill shortening the period for which state unemployment benefits are available. The defendant gave a speech across the street from the governor's mansion, denouncing the law. In his speech,
Constitutional if limited to true threats.
The court will likely find the statute constitutional if limited to true threats. The Constitution does not protect true threats, defined as speech meant to communicate an intent to place a person in fear of bodi
A city council passed a zoning ordinance banning the operation of adult-oriented businesses in any "residential" or "commercial" zone of the city. Such businesses were allowed to operate only in areas zoned "industrial." The ordinance was passed due to co
No, because the ordinance is designed to serve a substantial governmental interest and does not unreasonably limit alternative avenues of communication.
The city is likely to prevail because the zoning ordinance is a constitutional restriction on the oper
In First Amendment free speech cases, public property that historically has been open to speech-related activity is called a __________.
response - correct
A
community forum
B
public forum
C
limited public forum
D
designated public forum
public forum
A public forum is public property that historically has been open to speech-related activity. Examples include sidewalks and public parks.
A designated public forum is public property that usually is not used for speech-related activity, but
For a governmental regulation of speech in a public or designated public forum to be valid, which of the following is not necessary?
response - correct
A
The regulation must be narrowly tailored to serve an important government interest.
B
The regulation
The regulation must be the least restrictive method of achieving the governmental interest.
It is not necessary that the regulation be the least restrictive method of achieving the governmental interest in order for a court to uphold a regulation affectin
To be valid, a time, place, and manner regulation of a limited public forum must be __________.
response - correct
A
content neutral and rationally related to a legitimate government purpose
B
viewpoint neutral and rationally related to a legitimate gover
viewpoint neutral and rationally related to a legitimate government purpose
To be valid, a time, place, and manner regulation of a limited public forum must be viewpoint neutral and rationally related to a legitimate government purpose.
"Viewpoint neutral
A regulation of speech on a particular topic in a nonpublic forum may not limit the speech to one position, to the exclusion of other positions. This rule reflects the fact that such a regulation must be __________.
response - correct
A
narrowly tailored
viewpoint neutral
Speech in a nonpublic forum or limited public forum may be reasonably regulated but the regulation must be viewpoint neutral�it cannot permit presentation of one side of an argument and exclude the other.
The term content neutral refers
A state statute makes it a felony for anyone in the corridors or on the grounds of any building in which a court may be in session to make a speech or carry a sign intended to improperly influence judicial proceedings. When the head of a street gang was o
Yes, because the statute does not violate the freedom of expression guaranteed by the First Amendment.
The gang member can be convicted because the statute does not violate the First Amendment. Certain public property (e.g., public streets or parks) is so
A group of students held a demonstration against the proliferation of weapons in space in one of the city's parks. The defendant spoke at the demonstration, and to make a point during her speech, she walked over to one of the trash barrels and dumped the
No, because the anti-littering ordinance furthers an important governmental interest and is not aimed at communication.
The anti-littering ordinance will be upheld because it furthers an important government interest unrelated to the content of the commun
A city zoning board recently denied a request from the local library for a variance needed to expand the library building. An angry library patron went to the library, stood next to the front door, and handed each person entering a leaflet asking the pers
The librarian has permitted some people to distribute leaflets at the front door of the library at all hours.
The most helpful additional fact for the patron is that the head librarian allowed other people to distribute leaflets at all hours. Although the
A public high school publishes a weekly newspaper as part of its journalism class. The student editor-in-chief of the paper wrote an article supporting the legalization of marijuana and showed it to his faculty advisor. The advisor told the editor that wh
For the high school, because the newspaper involved was a public high school newspaper published as part of a journalism class.
The court should rule for the high school. The Supreme Court has held that curriculum-based public high school activities are n
Despite the Free Exercise Clause, if relevant to a particular case, a court may __________.
response - correct
A
assess the veracity of a particular religion's beliefs
B
limit the term "religion" to belief systems involving a supreme being
C
assess the si
C assess the sincerity of a person's religious beliefs
A court MAY assess the sincerity of a person's religious beliefs when relevant to a particular case. Although the Free Exercise Clause protects the freedom of belief, perhaps absolutely, a court may a
Under current Supreme Court precedent, the First Amendment Free Exercise Clause __________.
response - incorrect
A
prohibits government regulations that interfere with religious practices unless the government can prove that the regulation is necessary to
B prohibits government from punishing conduct just because it is religious
The Free Exercise Clause prohibits government from punishing conduct just because it is religious. If the intent of the law is to interfere with religion, or if the law punishes co
Which of the following is not a factor in the test for the validity of government action under the Establishment Clause when no sect preference is involved?
response - correct
A
The action has a secular purpose.
B
The action has a primary effect that neit
D The government action is narrowly tailored to promote a compelling interest.
"The government action is narrowly tailored to promote a compelling interest" is not part of the test for determining the validity of government action under the Establishment
Which of the following activities involving public schools is valid under the Establishment Clause?
response - correct
A
A voluntary moment of silent prayer or meditation at the beginning of the schoolday.
B
Posting of the Ten Commandments in a public sch
D A program whereby, once weekly, the schoolday ends one hour early so that interested students may participate in voluntary religious classes in a separate location from the school.
A program whereby, once weekly, the schoolday ends one hour early so tha
A state legislature enacted a statute requiring the parents of every child to have the child vaccinated for chicken pox before the child's second birthday. Failure to comply was a misdemeanor. A parent refused to have her child vaccinated, claiming that a
D Whether the parent sincerely believes the tenets of her religion.
The sincerity of the parent's religious beliefs is a factor that can be inquired into as a way of determining whether she can avail herself of the protection of the Free Exercise Clause.
Pursuant to statute, a state's department of education provides model lesson plans to any school or school district in the state requesting such plans. A private religious school whose curriculum is more than 50% religious matters applied for and received
B The purpose and effect of the lesson plan program is secular and does not entangle government and religion.
The Establishment Clause prohibits the government from taking action respecting the establishment of religion. Where no sect preference is involv
The council of a city with a rich and diverse heritage established a city-run ethnic sculpture garden. City residents and groups were encouraged to erect statues and other displays in the garden depicting ethnic, cultural, and religious heritages. Many of
B Find the funding constitutional, because the garden also includes secular displays depicting the city's ethnic and cultural heritage.
The city may continue to operate the garden because the display is not primarily religious in nature. Government action
A church developed a sex education program for children of church members, ages 12 to 16. The program included lectures and slides, including some slides depicting explicit sexual activity between males and females. Parents would be required to give their
B Their convictions will be reversed if it can be shown that the statute is being applied only to interfere with religion.
The convictions will be reversed if it can be shown that the statute is being applied only to interfere with religion. The Free Exer
Which of the following statements is correct regarding government action challenged under the Due Process or Equal Protection Clause where no fundamental right or suspect or quasi-suspect classification is involved?
response - correct
A
The law will be up
A The law will be upheld unless it is arbitrary
If government action is challenged under the Due Process or Equal Protection Clause, and no fundamental right or suspect or quasi-suspect classification is involved, the law will be upheld unless it is arbit
Which of the following has not been held to be a fundamental right by the Supreme Court?
response - incorrect
A
The right of privacy
B
The right of free speech and assembly
C
The right to vote
D
The right to international travel
A The right of privacy
The right to international travel has not been held to be a fundamental right, although the right to interstate travel is a fundamental right. Thus, restrictions on the right to travel abroad (e.g., limitations on travel to Cuba), a
Under the rules the Supreme Court currently uses to determine whether an abortion regulation is valid, the government may not impose an undue burden on a woman's ability to obtain an abortion __________.
response - correct
A
After viability
B
During the f
D Before viability
Under the rules the Supreme Court currently uses to determine whether an abortion regulation is valid, the government may not impose an undue burden on a woman's ability to obtain an abortion before viability.
The choices involving trim
Under the one person, one vote principle __________.
response - correct
A
regarding state government districts, almost exact mathematical equality between districts is required
B
regarding state government districts, a variance of more than 3% is invalid
D regarding congressional districts, almost exact mathematical equality between the congressional districts within a state is required
Regarding congressional districts, almost exact mathematical equality between the congressional districts within a state
The state passed a law stating that "only persons living with their parents or guardians who are bona fide residents of the state shall be entitled to free public education; all others who wish to attend public schools within the state may do so, but they
B Yes, unless the girl can show that the statute is not rationally related to a proper state interest.
The court is likely to rule that the statute is constitutional. A bona fide residence requirement, such as this statute, that is not based on a suspect
A state enacted health care legislation to provide comprehensive insurance coverage on prescription drugs for all of its citizens. The legislation provided state reimbursement for the cost of all prescription drugs with one exception�a drug commonly known
A Because the state legislation does not improperly discriminate against a suspect class or burden a fundamental right, the woman will have to show that the legislation is not rationally related to any legitimate state interest.
The court should require t
The police department of a small city has jurisdiction within the city limits and over a defined portion of the surrounding rural communities within the county. A farmer lives in one of the rural communities receiving police protection from the city. The
A No, because the resident voting limitation appears to be rationally related to a legitimate government interest.
(A) The farmer is not likely to prevail because the rational relationship test applies. Although the right to vote is a fundamental right, l
A state's constitution authorizes a state reapportionment board to redraw state legislative districts every 12 years. During the most recent reapportionment process, consultants had provided the board with two alternative plans for reapportionment. One pl
C No, because preserving political subdivisions is a legitimate state interest that justifies the plan's variance in representation.
The resident will not prevail because the reapportionment plan does not violate the Equal Protection Clause of the Fourtee