JOMC 486 UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS COMPREHJOMC 486 UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS COMPREHENSIVE STUDY GUIDE FULL SOLUTION ENSIVE STUDY GUIDE FULL SOLUTION

JOMC 486 UPDATED ACTUAL QUESTIONS
AND CORRECT ANSWERS
COMPREHENSIVE STUDY GUIDE FULL
SOLUTION

●● Strict Scrutiny (if the law being challenged affects...)
Answer: fundamental rights or pure speech (or employs a content-based
regulation of speech)


●● Intermediate Scrutiny
Answer: the government must show the law or regulation serves a
substantial governmental interest and directly advances that interest


●● Intermediate Scrutiny (if the law being challenged affects...)
Answer: nonfundamental rights or speech plus conduct (or employs a
content-neutral basis for regulating speech)


●● The rational-basis test
Answer: the law or regulation serves a legitimate governmental purpose
and is reasonably related to that purpose


●● The rational-basis test (if the law being challenged affects...)
Answer: no fundamental rights, no speech issues or nonprotected speech

, ●● First Amendment
Answer: Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the government for a redress of grievances.


●● pure speech
Answer: public speech, writing a letter, publishing a newspaper or book


●● intermediate speech
Answer: Symbolic speech, advertising, broadcasting (some aspects)


●● unprotected speech
Answer: fighting words, libel, obscenity, threats, fraud


●● Speech Action Dichotomy
Answer: Speech that is protected, but action is not.


●● Political-Nonpolitical Speech Dichotomy
Answer: speech that is political in the sense of contributing to self-
government receives the highest level of protection