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LSTD 301 Constitutional Law
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cj1111
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A year ago

QUIZ 1

Part 1 of 1 -   100.0/ 100.000015 Points

Question 1 of 15    6.68/ 6.68 Points
Gitlow v. New York incorporated which of the following?
   

A. The freedom of speech and press.   

B. The freedom of assembly.   

C. The freedom of petition.   

D. The establishment of religion.   


Answer Key: A
Question 2 of 15    6.68/ 6.68 Points
Duncan v. Louisiana incorporated which of the following?

A. The right to counsel.   

B. The right to a speedy trial.   
   

C. The right to a jury.   

D. The right to confront witnesses.   


Answer Key: C
Question 3 of 15    6.68/ 6.68 Points
In Twining v. New Jersey the Court ruled that rights protected by the Due Process Clause are ________.

A. only those found in the First Amendment   

B. all found in the Bill of Rights   
   

C. fundamental and inalienable   

D. only those protected by the Fourteenth Amendment   


Answer Key: C
Question 4 of 15    6.68/ 6.68 Points
The definition of fundamental rights, according to Palko, includes ________.
   

A. those rights without which liberty and justice could not exist   

B. those rights without which the Bill of Rights could not exist   

C. those rights that replace liberty and justice   

D. those rights that replace the Bill of Rights   


Answer Key: A
Question 5 of 15    6.68/ 6.68 Points
In Reynolds v. United States the Court outlawed _____.

A. the "I am" religion   
   

B. polygamy   

C. the freedom of religion   

D. the establishment of religion   


Answer Key: B
Question 6 of 15    6.66/ 6.66 Points
In Wisconsin v. Yoder the Court ruled that _____.

A. Amish children must attend school after the eight grade   
   

B. Amish children cannot be compelled to attend school after the eighth grade   

C. Amish children must attend school after the twelfth grade   

D. Amish children cannot be compelled to attend school after the twelfth grade   


Answer Key: B
Question 7 of 15    6.66/ 6.66 Points
In Edwards v. Aguillard the Court ruled that _____.

A. public school teachers must give equal time to creationism in biology classes   

B. public school teachers must only teach creationism in biology classes   
   

C. public school teachers do not have to teach creationism in biology classes   

D. public school teachers do not have to teach evolution in biology classes   


Answer Key: C
Question 8 of 15    6.66/ 6.66 Points
School-sponsored prayer before football games was ruled unconstitutional in _____.

A. Edwards v. Aguillard   

B. School District of Abington Township v. Schempp   

C. Lee v. Weisman   
   

D. Santa Fe Independent School District v. Doe   


Answer Key: D
Question 9 of 15    6.66/ 6.66 Points
County of Allegheny v. ACLU indicated that the Court _____.
   

A. would analyze context when determining whether religious symbols can be displayed on public property   

B. would not analyze context when determining whether religious symbols can be displayed on public property   

C. would never allow religious displays on public property   

D. would only allow religious displays on public property   


Answer Key: A
Question 10 of 15    6.66/ 6.66 Points
The test for ruling in religious establishment cases created by Chief Justice Burger is the _____.

A. Coercion Test   

B. Nonpreferential treatment test   
   

C. Lemon test   

D. Endorsement Approach   


Answer Key: C
Question 11 of 15    6.66/ 6.66 Points
With the Religious Freedom Restoration Act, Congress _____.
   

A. made it more difficult for government agencies to impose restrictions on religious practices   

B. made it easier for government agencies to impose restrictions on religious practices   


Answer Key: A
Question 12 of 15    6.66/ 6.66 Points
In religious exercise cases the compelling interest test makes it _____.
   

A. more difficult for government agencies to impose restrictions on religious practices   

B. easier for government agencies to impose restrictions on religious practices   


Answer Key: A
Question 13 of 15    6.66/ 6.66 Points
The major change in the Court's Establishment Clause cases ushered in by Walz v. Tax Commission of the City of New York dealt with _____.

A. the Court focused on the legitimate secular purpose of a law   

B. the Court focused on the primary effect of the law on religion   
   

C. the Court focused on the excessive entanglement of a law with religion   


Answer Key: C
Question 14 of 15    6.66/ 6.66 Points
The valid secular policy test helps the Court determine if there is a legitimate religious goal in the law that has been passed.
   
 True
 False



Answer Key: False
Question 15 of 15    6.66/ 6.66 Points
The Supreme Court has always taken a view of complete incorporation.
   
 True
 False



Answer Key: False
Post Merge: A year ago

QUIZ 2

Question 1 of 15    6.67/ 6.67 Points
In Schenck v. United States the Court created the _____.
   

A. Clear and Present Danger Test   

B. Preferred Freedoms Doctrine   

C. Clear and Probable Danger Test   

D. Imminent Lawless Action Test   


Answer Key: A
Question 2 of 15    0.0/ 6.67 Points
Gitlow is an important case because it _____.

A. banned freedom of speech   

B. incorporated freedom of speech   
   

C. restricted freedom of speech in states   

D. allowed regulation of freedom of speech by the federal government only   


Answer Key: B
Question 3 of 15    6.67/ 6.67 Points
The Preferred Freedoms Doctrine states that _____.

A. laws in conflict with the Bill of Rights are not presumed constitutional   

B. the judiciary has a special responsibility to protect freedom of speech   

C. the judiciary has a special responsibility to protect minority interests   
   

D. All of the above   

E. None of the above   


Answer Key: D
Question 4 of 15    6.67/ 6.67 Points
Moving full circle from Schenck to Brandenburg, the Court settled on which test in Brandenburg?

A. Clear and Present Danger Test   

B. Preferred Freedoms Doctrine   

C. Clear and Probable Danger Test   
   

D. Imminent Lawless Action Test   


Answer Key: D
Question 5 of 15    6.67/ 6.67 Points
In Tinker v. Des Moines the Court held that _____.

A. students shed their constitutional right to free speech at school   

B. students do not shed their constitutional right to free speech at school   

C. teachers shed their constitutional right to free speech at school   

D. teachers do not shed their constitutional right to free speech at school   

E. A & C   
   

F. B & D   


Answer Key: F
Question 6 of 15    6.67/ 6.67 Points
In Rumsfeld v. Forum for Academic and Institutional Rights Inc., the Court ruled that law schools objecting to the military policy on homosexuality _____.

A. may ban military recruiters from their premises   
   

B. may not ban military recruiters from their premises   

C. may make military recruiters meet potential recruits elsewhere on campus   

D. may treat military recruiters differently from other recruiters   


Answer Key: B
Question 7 of 15    6.67/ 6.67 Points
As a general rule the Court has generally held that commercial speech _____.
   

A. is closer to commerce than speech   

B. is not substantially different from political speech   

C. is never subject to regulation   

D. is always subject to regulation   


Answer Key: A
Question 8 of 15    6.67/ 6.67 Points
In Morse v. Frederick the Court decided
   

A. Schools may ban speech that may reasonably seem to promote drug use.   

B. Schools may not ban speech that may reasonably seem to promote drug use.   

C. Schools must allow speech that may reasonably seem to promote drug use but may ask the students to carry out their speech away from the public eye.   

D. Schools may not suspend students for speech that may reasonably seem to promote drug use but they may ask them to leave school grounds during rallies.   


Answer Key: A
Question 9 of 15    6.67/ 6.67 Points
In Branzburg v. Hayes the Court ruled that _____.

A. reporters have a privilege that protects them from appearing in front of a grand jury   
   

B. reporters do not have a privilege that protects them from appearing in front of a grand jury   

C. reporters can never divulge the names of informants   

D. reporters must always divulge the names of informants   


Answer Key: B
Question 10 of 15    6.66/ 6.66 Points
In Miami Herald v. Tornillo the Court found that _____.

A. the government may compel the press to print particular stories   

B. the government may compel the press to print stories for purposes of equal access   

C. the government may not compel the press to print particular stories   

D. the government may not compel the press to print stories for purposes of equal access   

E. A & B   
   

F. C & D   


Answer Key: F
Question 11 of 15    6.66/ 6.66 Points
In FCC v. Pacifica Foundation the Court ruled that _____.
   

A. broadcast media have the most limited First Amendment protection   

B. print media have the most limited First Amendment protection   

C. broadcast and print media have the same level of First Amendment protection   

D. print media has a more pervasive presence than broadcast media   


Answer Key: A
Question 12 of 15    6.66/ 6.66 Points
Some legal scholars say that New York Times v. United States virtually eradicated ______.

A. the ability of government to censor expression that is obscene   

B. the ability of the government to censor expression that might incite violence   
   

C. the ability of the government to regulate expression to protect national security   

D. the ability of the government to regulate expression to protect national trade   


Answer Key: C
Question 13 of 15    6.66/ 6.66 Points
What case allowed some censorship of student press?

A. Tinker v. Des Moines   

B. Bethel School District No. 403 v. Fraser   

C. Near v. Minnesota   
   

D. Hazelwood School District v. Kuhlmeier   


Answer Key: D
Question 14 of 15    6.66/ 6.66 Points
As a general rule the Court has upheld content regulations of the press.
   
 True
 False



Answer Key: False
Question 15 of 15    6.67/ 6.67 Points
In West Virginia State Board of Education v. Barnette the Court ruled that the right to free speech includes the right to not speak.

 True
 False



Answer Key: True

               

Post Merge: A year ago

QUIZ 3

Question 1 of 10    10.0/ 10.0 Points
Which of the following are dangers associated with electronic media?

A. Children have access to media that might be inappropriate for them.   

B. Fraud and deception.   

C. Invasion of privacy.   

D. Harassment.   
   

E. All of these are dangers.   


Answer Key: E
Question 2 of 10    10.0/ 10.0 Points
The Court in Reno v. ACLU held that the Internet is more like newspapers than broadcast media.

 A. True
 B. False



Answer Key: True
Question 3 of 10    10.0/ 10.0 Points
COPA uses what obscenity case to define what material is "harmful to minors?"

A. Roth   

B. Jacobellis   

C. Memoirs   
   

D. Miller   


Answer Key: D
Question 4 of 10    10.0/ 10.0 Points
The government will withhold federal financial aid to public libraries that do not use "filtering" software to block "visual depictions" that are harmful to minors.

 True
 False



Answer Key: True
Question 5 of 10    10.0/ 10.0 Points
In response to the ruling in Free Speech Coalition, Congress enacted the Protect Act of 2003.

 True
 False



Answer Key: True
Question 6 of 10    0.0/ 10.0 Points
In Doe v. Bates, the parents of a child who was victimized by an online pornography group filed a lawsuit against Yahoo! alleging that it knowingly hosted illegal child pornography on the "Candyman" Yahoo! Group. The federal court for the Eastern District of Texas held that Yahoo was immune from suit under the _____.

A. CDA.   

B. COPA.   

C. CIPA.   
   

D. PROTECT.   


Answer Key: A
Question 7 of 10    10.0/ 10.0 Points
The first significant piece of federal gun control legislation was the National Firearms Act of 1934.

 True
 False



Answer Key: True
Question 8 of 10    10.0/ 10.0 Points
United States v. Miller has been viewed as generally supporting the collective right theory of the Second Amendment.

 A. True
 B. False



Answer Key: True
Question 9 of 10    0.0/ 10.0 Points
District of Columbia v. Heller dealt with a very restrictive gun control ordinance in Washington DC.
   
 True
 False



Answer Key: True
Question 10 of 10    10.0/ 10.0 Points
McDonald v. Chicago (2010) supports the collective right interpretation of the Second Amendment.
   
 A. True
 B. False



Answer Key: False

               

Post Merge: A year ago

QUIZ 4

Question 1 of 15    6.67/ 6.67 Points
According to the Supreme Court, the Internet is more like broadcast media than printed material.
   
 True
 False



Answer Key: False
Question 2 of 15    6.67/ 6.67 Points
In Ashcroft v. ACLU (II), the Supreme Court used the __________ test.

A. compelling government interest   
   

B. least restrictive means   

C. neutrality   

D. balancing   


Answer Key: B
Question 3 of 15    6.67/ 6.67 Points
In which case did the Supreme Court initially uphold a ban on child pornography?
   

A. New York v. Ferber   

B. Reno v. ACLU   

C. Ashcroft v. ACLU (I)   

D. Ashcroft v. ACLU (II)   


Answer Key: A
Question 4 of 15    6.67/ 6.67 Points
Which of the following acts were NOT overturned by the Supreme Court?

A. Communications Decency Act of 1996   

B. Child Online Protection Act of 1998   

C. Child Pornography Protection Act of 1996   
   

D. PROTECT Act of 2003   


Answer Key: D
Question 5 of 15    6.67/ 6.67 Points
Which country criminalizes distribution of child pornography but not its possession?

A. Germany   

B. France   

C. Thailand   
   

D. Japan   


Answer Key: D
Question 6 of 15    6.67/ 6.67 Points
Which cases ruled against incorporation of the Second Amendment?

A. U.S. v. Cruikshank   

B. Presser v. Illinois   

C. United States v. Miller   
   

D. All of these cases ruled against incorporation of the Second Amendment.   


Answer Key: D
Question 7 of 15    6.67/ 6.67 Points
Which of the following amendments was not cited as a location of the right to privacy in the Griswold opinions?

A. First   

B. Fourth   
   

C. Eighth   

D. Ninth   


Answer Key: C
Question 8 of 15    6.67/ 6.67 Points
In Planned Parenthood v. Casey, what provision of the Pennsylvania statute was ruled an "undue burden" and therefore invalidated?

A. Informed Consent   

B. Parental consent for minors   

C. Recordkeeping for health purposes   
   

D. Spousal notification   


Answer Key: D
Question 9 of 15    6.67/ 6.67 Points
Which statement best describes the Supreme Court's decisions in cases involving state funding of abortions?

A. The Court has consistently ruled that states must fund abortions in the first trimester if the mother cannot afford it.   
   

B. The Court has consistently ruled that states have no obligations to fund abortions.   

C. The Court originally ruled states must fund abortions, but has since overruled its past decision.   

D. The Court has yet to hear a case involving funding restrictions on abortions.   


Answer Key: B
Question 10 of 15    6.67/ 6.67 Points
In what case did the Supreme Court's majority opinion reject Roe's trimester framework?
   

A. Planned Parenthood v. Casey   

B. Akron v. Akron Center for Reproductive Health   

C. Webster v. Reproductive Health Services   

D. The trimester framework has not been rejected.   


Answer Key: A
Question 11 of 15    6.66/ 6.66 Points
Lawrence v. Texas overruled what previous decision?

A. Stanley v. Georgia   
   

B. Bowers v. Hardwick   

C. Griswold v. Connecticut   

D. Katz v. United States   


Answer Key: B
Question 12 of 15    6.66/ 6.66 Points
On what did Justice O'Connor base her concurring opinion in Lawrence v. Texas?

A. Her disagreement with the decision in Bowers v. Hardwick   

B. Her disagreement with the decision in Stanley v. Georgia   

C. The substantive component of the Fourteenth Amendment's due process clause   
   

D. The Fourteenth Amendment's equal protection clause   


Answer Key: D
Question 13 of 15    6.66/ 6.66 Points
In Vernonia School District 47J v. Acton, the Supreme Court ruled that random drug testing of student athletes _____.

A. violated the Constitution because minors are a protected group   

B. violated the Constitution because athletes were treated differently from non-athletes   

C. did not violate the Constitution because all forms of random drug testing are constitutional   
   

D. did not violate the Constitution because students, especially student athletes, have reduced privacy expectations   


Answer Key: D
Question 14 of 15    6.66/ 6.66 Points
Which of the following best describes the Court's ruling on eavesdropping in Katz v. United States?

A. Eavesdropping never requires a warrant.   

B. Eavesdropping without a warrant is allowed as long as police don't violate the "physical penetration" rule.   

C. Eavesdropping without a warrant is not permitted in a home, but is constitutional in a phone booth because there is no expectation of privacy.   
   

D. Eavesdropping constitutes a "search and seizure" and thus requires a warrant.   


Answer Key: D
Question 15 of 15    6.66/ 6.66 Points
Which of the following statements is not true?

A. Cars have less protection against searches than homes.   

B. An officer making a traffic stop can order the driver and passengers out of the car.   
   

C. A routine traffic stop where a citation is issued is sufficient to justify a full search of an automobile.   

D. If probable cause justifies a search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle.   


Answer Key: C
Post Merge: A year ago

MIDTERM

Question 1 of 37    2.0/ 2.0 Points
Justice Story's opinion for the Court in Martin v. Hunter's Lessee (1816; Virginia land inheritance case) is an example of the Marshall Court's _______.

A. support of congressional power over power exercised by the state legislatures   
   

B. efforts to assert the power of the Supreme Court over the state supreme courts   

C. efforts to provide sufficient power to the federal government to build a strong national economy   

D. support of the federal taxation power   


Answer Key: B
Question 2 of 37    2.0/ 2.0 Points
In Defunis v. Odegaard, the Supreme Court refused to rule on the claim of reverse discrimination because the issue was _____.
   

A. moot   

B. not ripe for consideration   

C. a political question   

D. DeFunis lacked standing.   


Answer Key: A
Question 3 of 37    2.0/ 2.0 Points
The Supreme Court's refusal to rule on the merits of Judge Walter Nixon's challenge to his impeachment trial by the U.S. Senate was based on Court doctrines regarding _______.
   

A. political questions   

B. mootness   

C. ripeness   

D. standing to sue   


Answer Key: A
Question 4 of 37    2.0/ 2.0 Points
Which of the following statements is the most accurate?

A. Judicial review is an institution unique to the United States.   

B. Judicial review is only practiced by the United States and a handful of other countries in the British Commonwealth.   

C. Outside of the United States and the British Commonwealth countries, only the Philippines and Japan (whose constitutions are modeled after the U.S. Constitution) have adopted judicial review.   
   

D. Judicial review is practiced not only by the United States but also by several European nations, as well as some countries in Latin America, Africa, and Asia.   


Answer Key: D
Question 5 of 37    2.0/ 2.0 Points
Where is the origin of the Supreme Court's concept of justiciability?
   

A. Article III of the Constitution   

B. The Judiciary Act of 1789   

C. Marbury v. Madison   

D. Eakin v. Raub   


Answer Key: A
Question 6 of 37    2.0/ 2.0 Points
In 1988, Congress passed a law overruling what Supreme Court decision on Title IX?

A. Muskrat v. U.S.   

B. Carter v. Carter Coal Co.   
   

C. Grove City College v Bell   

D. Coleman v. Miller   


Answer Key: C
Question 7 of 37    2.0/ 2.0 Points
The "preferred freedoms" doctrine first appeared in a majority decision in _____.

A. Palko v. Connecticut   

B. U.S. v. Carolene Products   
   

C. Murdock v. Pennsylvania   

D. Erie Railroad v. Tompkins   


Answer Key: C
Question 8 of 37    2.0/ 2.0 Points
In U.S. v. Ballard, the Supreme Court judged religion by the _____.

A. belief in God   

B. the morals of the people   
   

C. the sincerity of the individual's beliefs   

D. the number of believers.   


Answer Key: C
Question 9 of 37    2.0/ 2.0 Points
In U.S. v. Seeger, the Supreme Court upheld conscientious objector status only to those who believed in a "Supreme Being."
   
 True
 False



Answer Key: False
Question 10 of 37    2.0/ 2.0 Points
Which of the following restrictions may be placed on the free exercise of religion?

A. a city ordinance forbidding knocking on doors without the resident's permission   

B. a city ordinance requiring a permit for door-to-door religious solicitation   

C. a school requirement that students must recite the Pledge of Allegience   
   

D. the Supreme Court overturned all of these restrictions.   


Answer Key: D
Question 11 of 37    2.0/ 2.0 Points
The "least restrictive means" test was added to the "valid secular purpose" test in _____.

A. Prince v. Massachusetts   

B. Minersville School District v. Gobitis   
   

C. Braunfeld v. Brown   

D. Cantwell v. Connecticut   


Answer Key: C
Question 12 of 37    2.0/ 2.0 Points
What standard did the Court establish in Sherbert v. Verner?

A. secular legislative purpose   
   

B. compelling government interest   

C. neutrality   

D. Lemon test   


Answer Key: B
Question 13 of 37    2.0/ 2.0 Points
Who first penned the phrase, "wall of separation between Church and State?"

A. Adams   

B. Madison   
   

C. Jefferson   

D. Henry   


Answer Key: C
Question 14 of 37    2.0/ 2.0 Points
In what case did the Supreme Court first apply (incorporate) the Establishment Clause to the states?

A. Employment Division, Department of Human Resources of Oregon v. Smith   

B. Wallace v. Jaffree   
   

C. Everson v. Board of Education   

D. Engel v. Vitale   


Answer Key: C
Question 15 of 37    2.0/ 2.0 Points
Which of the following types of support for private religious schools has the Court permitted?

A. reimbursement for transportation costs   

B. time release programs for students to obtain religious instruction off school premises   

C. loans of secular textbooks.   
   

D. all of these are permitted.   


Answer Key: D
Question 16 of 37    2.0/ 2.0 Points
The Supreme Court overturned the Lemon Test in Zelman v. Simmons-Harris.
   
 True
 False



Answer Key: False
Question 17 of 37    2.0/ 2.0 Points
Which justice adamantly opposes the Lemon Test?

A. Brennan   

B. Powell   

C. White   
   

D. Scalia   


Answer Key: D
Question 18 of 37    2.0/ 2.0 Points
In Roth the Court rule that community standards are based on _____.

A. the nation as a whole   

B. individual states   

C. individual localities   
   

D. none of the above. The Court did not define community in Roth.   


Answer Key: D
Question 19 of 37    2.0/ 2.0 Points
According to the Court in Memoirs v. Massachusetts, an item is not deemed obscene if it _____.
   

A. has at least a modicum of social value   

B. has no modicum of social value   

C. appeals to the prurient interest   

D. lacks serious literary value   


Answer Key: A
Question 20 of 37    2.0/ 2.0 Points
Which is a valid prong of the Miller test?

A. redeeming social importance   
   

B. serious literary, artistic, political, or scientific value   

C. national standard of obscenity   

D. child standard   


Answer Key: B
Question 21 of 37    2.0/ 2.0 Points
Which justice could not define obscenity but knew it when he/she saw it?

A. O'Connor   

B. White   

C. Powell   
   

D. Stewart   


Answer Key: D
Question 22 of 37    2.0/ 2.0 Points
According to New York Times v. Sullivan a public official must prove_____ to sustain a libel claim.

A. defamation   

B. falsehood   
   

C. actual malice   

D. actual mistruth   


Answer Key: C
Question 23 of 37    2.0/ 2.0 Points
Rosenbloom extended the New York Times test to include _____.
   

A. all matters of public interest   

B. all public officials   

C. all private citizens   

D. all public figures   


Answer Key: A
Question 24 of 37    2.0/ 2.0 Points
In Hustler Magazine v. Falwell the Court increased First Amendment protections for the press.

 True
 False



Answer Key: True
Question 25 of 37    2.0/ 2.0 Points
The mere fact that one pays taxes generally provides a sufficient basis for standing.
   
 True
 False



Answer Key: False
Question 26 of 37    2.0/ 2.0 Points
As a general rule, the Court has generally held that commercial speech is closer to commerce than to speech.

 True
 False



Answer Key: True
Question 27 of 37    2.0/ 2.0 Points
In which case did the Court invalidate a state requirement that civil rights groups submit their membership rolls to state authorities?

A. Albertson v. Subversive Activities COntrol Board   

B. Aptheker v. Secretary of State   
   

C. NAACP v. Alabama   

D. U.S. v. Robel   


Answer Key: C
Question 28 of 37    2.0/ 2.0 Points
In Tinker v. Des Moines the Court held that students and teachers necessarily shed their constitutional right to free speech at school.
   
 True
 False



Answer Key: False
Question 29 of 37    2.0/ 2.0 Points
Miami Herald v. Tornillo prohibits the government from compelling the press to print particular stories, except as Justice demands for equal access.
   
 True
 False



Answer Key: False
Question 30 of 37    2.0/ 2.0 Points
Legal scholars agree that the decision in New York Times v. U.S. virtually eradicated Chief Justice Hughes' national security exception to prior restraint.
   
 True
 False



Answer Key: False
Question 31 of 37    2.0/ 2.0 Points
Justice Marbury first articulated and pronounced complete incorporation as the Supreme Court's position.
   
 True
 False



Answer Key: False
Question 32 of 37    2.0/ 2.0 Points
Judge Walter Nixon's impeachment was not adjudicated by the Supreme Court because it was mooted by Nixon v. United States.
   
 True
 False



Answer Key: False
Question 33 of 37    2.0/ 2.0 Points
In Brandenburg, the Court settled on the "Imminent Lawless Action" Test.

 True
 False



Answer Key: True
Question 34 of 37    2.0/ 2.0 Points
According to County of Allegheny v. ACLU, Blackmun looked to the physical setting to be the judge of the appropriateness of religious symbols when displayed on public property.

 True
 False



Answer Key: True
Question 35 of 37    2.0/ 2.0 Points
The compelling government interest/least restrictive means test applies to 2nd amendment, Freedom to bear arms cases.
   
 True
 False



Answer Key: False
Question 36 of 37    14.0/ 15.0 Points
The First Amendment is clear in its protection of the freedom of expression: "Congress shall make no law ... abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances." However, only Justices Black and Douglas have ever adhered to a literalist interpretation of the Freedom of Expression Clause. All other justices have been willing to place some restrictions on the freedom of expression. Discuss the evolution of standards the Court has used to adjudicate freedom of expression from Schenck to Brandenburg. In your answer, explain why the Court has not adhered to a single position, changing standards depending on the circumstances of the case. Why has the Court been more willing to restrict freedom of expression in certain times and has allowed more liberal standards at other times? Are you satisfied with the standards that the Court has provided? Do you feel that the standards should be more or less precise, allowing for more or less freedom in interpreting the standard? Why?

For the first one hundred years the Supreme Court did not hear any freedom of expression cases (Epstein & Walker, 2010). After the turn of the twentieth century the Court heard Schenck v. United States, 249 U.S. 47 (1919). In Schenck the court created the clear and present danger test which was a fairly liberal interpretation of the constitution but identified that in some instances the government could regulate speech (Epstein & Walker, 2010, p. 197). A short time later the court created the Bad Tendency Test in its ruling on Abrams v. United States, 250 U.S. 616 (1919). The more restrictive ruling in Abrams was in part a response to patriotic fervor and perceived threats to national security (Epstein & Walker, 2010, p. 218). As the national pride and fear of government overthrow subsided after WWI the court moved back toward a more liberal interpretation, closer to Clear and Present Danger, with its ruling on Dejong v. Oregon, 299 U.S. 353 (1937). In 1938 Justice Stone, in a footnote to a ruling on a seemingly unrelated case, created what became known as the Preferred Freedoms Doctrine. This doctrine holds that laws that appear to be in conflict with the Bill of Rights should not be assumed to be constitutional, the judiciary has a responsibility to protect free expression, and the Court has responsibility to protect rights of minorities and unpopular groups (Epstein & Walker, 2010, p. 209). In the 1950's, with the rise of the cold war and renewed fear of communism, the court moved more conservative and adopted the ad hoc balancing test. In 1951 the court heard Dennis v. United States, 341 U.S. 494 (1951) which created the Clear and Probable Danger Test which turned out to be an interpretation of the clear and present danger test created by Schenck, although a bit more conservative in my view. In 1969 the Court heard Brandenburg v. Ohio, 395 U.S. 444 (1969) which espouse the Imminent Lawless Action standard. The Courts have been willing to adjust their interpretations of free expression based on contemporary politics and public opinion. In times of perceived national crisis the Courts have been willing to adopt a more conservative interpretation and restrict expression. As the crises have subsided we see the court moving more the left and ruling more in favor of free expression rights. I think this approach has worked well up to this point and I am satisfied with the current standards. I think when a time comes that more conservative restrictions are necessary to preserve the nation the court my shift back to the right.



Reference:



Lee Epstein & Thomas G. Walker, Constitutional Law for a Changing America: Rights, Liberties, and Justice 196-197 & 219-221 (7th Ed. 2010).


Question 37 of 37    15.0/ 15.0 Points
Despite the fact that the First Amendment reads "Congress shall make no law "...abridging the freedom...of the press," the Supreme Court has recognized the need to limit the press in certain instances. Explain the Court's willingness to place restrictions on the press, and under what circumstances such restrictions are warranted. Also, discuss the distinctions made by the Court between different types of media. Is the Court more or less willing to restrict the First Amendment rights of radio, TV, or print journalism? How has the Court dealt with the issue of prior restraint? In what circumstances is prior restraint allowed?

 The First Amendment of the Constitution provides that "Congress shall make no law "...abridging the freedom...of the press." [1] That statement places more and less restrictions on the freedom of the press in different occurrences. This language provides more in that it is not only applied to the Congress, but to all the branches of the federal government, and to all branches of the state and local governments as well . “It restricts the government less, in that in provides no protection to some types of speech and only limited protection to others” [2]. The Supreme Court has denied certain protection under the First Amendment to certain types of speech or press. The following are some of those exceptions which the Supreme Court does not apply the protection of the First Amendment. #1 Obscenity: “Obscenity apparently is unique in being the only type of speech to which the Supreme Court has denied First Amendment protection without regard to whether it is harmful to individuals [3]. The Supreme Court has concluded that at the time of the adoption of the First Amendment, obscenity bans were “outside the protection of the First Amendment”. In the case of “Roth v. United States, 354 U.S. 476, 483 (1957) [4] . #2 Child Pornography: Child pornography is not protected under the First Amendment even when it is not obscene. The Supreme Court has created a three part test (called the Miller Test) to test if material is obscene. Child pornography does not even have to meet the standards of the Miller Test to be considered obscene. Content-based Restrictions: When the courts produce a higher scrutiny of the content of the speech, there will more than likely find violations of the First Amendment. Prior Restraint: Prior restraint can occur in two different ways: Either a person submits a speech he/she wishes to disseminate to a governing body and actually show the content, for instance, if it is a movie, to show the movie to the governing body; or the court may issue a temporary restraining order or injunction against the publication of particular speech. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. [5] Also we have a case where, the ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure. [6] Broadcast itself gets less First Amendment protection out of all the other forms of media as outlined in [7].The types of media which would be found to be exceptions under the First Amendment would be television, Internet, newspaper or print media. The Court would more likely to restrict the First Amendment Free Speech to the television media over the Internet or the print media. There were instances of censorship to the television media in that there were claims that the television media caused harm to the young people of the United States. Since censorship is a violation of the First Amendment, that particular media is more likely to face those restrictions [8]. Another case involving the media was the big one who held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established as forums for student expression. The case was found in favor of Hazelwood School District, overruling a Court of Appeals reversal of a District Court ruling. There were 5 votes for Hazelwood, and 3 against. The justices believed that the censorship did not violate the student's First Amendment rights of free speech. [9]



 References [1] Lee Epstein & Thomas G. Walker, Rights, Liberties, and Justice, 747 (7th ed. 2010). [2] Cohen, H. “Freedom of speech and press: Exceptions to the First Amendment.” Congressional Research Service (October 16, 2009). [3] Lee Epstein & Thomas G. Walker, Rights, Liberties, and Justice, 319 (7th ed. 2010). [4] Roth v. United States, 354 U.S. 476, 483 (1957) [5] Near v. Minnesota, 283 U.S. 697 (1931) [6] New York Times Co v. United States, 403 U.S. 713 (1971) [7] Red Lion Broadcasting Co v. Federal Communications Commission, 395 U.S. 367 (1969) [8] Centerwall, B. S. “Young Adult Suicide and Exposure to Television.” Social Psychiatry and Psychiatric Epidemiology 25.3 (1990): 149–53. [9] Hazelwood School District et al v. Kuhlmeier et al., U.S 260 (1988)





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A year ago

Does anyone have this version of the midterm?

Question 1 of 3   33.33 Points
In your reading from week 2 you read, "The Supreme Court in the American System of Government". On this webpage you read an excerpt by Retired Chief Justice Charles Evans Hughes on the role of the Supreme Court. Based on this and all of your other readings thus far in this course, please answer the following questions.

1. What is the role of the Supreme Court?

2. What is the meant by "Judicial Review"?

3. Explain the two theories of constitutional interpretation, the "living constitution" and "originalist". Which theory do you believe is the correct theory to follow?

Question 2 of 3   33.33 Points
In week 3 of this course you were to read the case of Morse v. Frederick, 551 U.S. 393 (2007).

In your own words, describe the facts of the case, the issue, and the holding.

What specific section(s) of the Constitution were involved in this case?

Based on the language and intent of the Constitution, do you agree with the ruling of this case? If you were a Justice on the Supreme Court at the time of this case, would you be in the majority or the dissent? Please discuss fully.

This last essay question pertains to the 2nd Amendment. Even though this Amendment continues to be reviewed in cases before the Supreme Court, there still seems to be little to no definitive decision by the courts of what is specifically included in right the Second Amendment protects.

Discuss fully the two main sides of this debate. What are two perspectives as to what the 2nd Amendment protects and what evidence/ arguments do those two sides make to support their stance. What stance do you find most convincing and why?


If you do please post.

Thank you!



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A year ago

Anyone have this new version?



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