Collins JOUR 303 Final Exam Questions with Verified Solutions

article 1 of the constitution established the legislative branch (congress) article 2 of the constitution established the executive branch (president) article 3 of the constitution established the judicial branch (federal court system) five freedoms of the first amendment speech, religion, press, assembly, petition the govt one example of a limit on the first amendment freedom of speech going under oath in court. you still have freedom of speech, but if you lie under oath you will be charged with perjury First amendment congress shall make no law abridging the freedom of speech or of the press speech not under the umbrella of protection criminal speech and pornthe only regulation on porn is child pornography speech that is somewhat under the umbrella of protection commercial speech 6 rationales for regulating speech -yes, but... (need a compelling reason) -somewhat protected (cable broadcast/commercial speech) -not protected (criminal speech) -time/place/manner (in order to be constitutional it must be: content neutral, reasonable, and cannot be a complete ban on speech) -expressive conduct -derivative/secondary claims (right of access, journalistic privilege to withhold information) if the first amendment protects anything, it's political speech if the first amendment prohibits anything, it's prior restraint process of passing a law bill is proposed, congress passes, committee votes to pass, house votes to pass, senate votes to pass, president signs into lawa bill can be killed at any stage of this process by not winning the vote 3 part rational basis test -plaintiff is the challenger -assume the law is constitutional -courts test if the law has a rational basis when do we use a rational basis test to see if a law is constitutional compelling interest test / strict scrutiny test -burden on the govt -assume the law is not constitutional -govt has to prove that they have a compelling reason to allow it (ex. war times) this only applies to fully protected speech when do we use a compelling interest test if the govt tries to make a law about something they're not supposed to, they need a compelling r