Apex Midterm UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS
, Standing taxpayer status is generally NOT enough.
1. injury in fact
2. causation
3. redressability
Ripeness Future harm
Mootness Issue already resolved
Supreme Court Jurisdiction 1. appellate jurisdiction
2. original jurisdiction
Unprotected Speech FIDO
Fighting words/true threats
Incitement of Violence
Defamation
Obscenity
Fighting Words words directed toward an individual and likely to incite immediate physical
violence.
True Threat Serious expression of intent to commit unlawful violence to a specific individual or
group.
Incitement of Violence / Crime intended to produce or incite imminent lawless action & likely to produce or incite
such action
Obscenity Depiction go sexual conduct, taken as a whole.
appeals to the prurient interest in sex
portrays sex in a patently offensive way
no serious literary, artistic, political or scientific value.
Commercial Speech unlawful misleading or fraudulent --> unprotected.
Otherwise, intermediate scrutiny applies.
- substantial gov interest
- directly advances that interest
- narrowly tailored (reasonable fit).
, Standing taxpayer status is generally NOT enough.
1. injury in fact
2. causation
3. redressability
Ripeness Future harm
Mootness Issue already resolved
Supreme Court Jurisdiction 1. appellate jurisdiction
2. original jurisdiction
Unprotected Speech FIDO
Fighting words/true threats
Incitement of Violence
Defamation
Obscenity
Fighting Words words directed toward an individual and likely to incite immediate physical
violence.
True Threat Serious expression of intent to commit unlawful violence to a specific individual or
group.
Incitement of Violence / Crime intended to produce or incite imminent lawless action & likely to produce or incite
such action
Obscenity Depiction go sexual conduct, taken as a whole.
appeals to the prurient interest in sex
portrays sex in a patently offensive way
no serious literary, artistic, political or scientific value.
Commercial Speech unlawful misleading or fraudulent --> unprotected.
Otherwise, intermediate scrutiny applies.
- substantial gov interest
- directly advances that interest
- narrowly tailored (reasonable fit).
